GIFT  OF 


GIFT 


THE 


PUBLIC  SCHOOL  LAW 


OF 

NORTH  CAROLINA 

BEING   A   PAST   OF 

CHAPTER  89,    REVISAL  OF  1905,   AS   AMENDED    BY  THE 
GENERAL  ASSEMBLY  OF  1907,  1909  AND  1911 

TOGETHER    WITH 

EXPLANATORY   NOTES  AND   DECISIONS  OF 

THE  STATE  SUPERINTENDENT  OF 

PUBLIC  INSTRUCTION 


RALEIGH 
ISSUED  FROM  OFFICE  OF  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

1911 


THE 


PUBLIC  SCHOOL  LAW 


OF 


NORTH  CAROLINA 


BEING  A  PAST  OF 


CHAPTER  89,   REVISAL  1905,  AS  AMENDED   BY  THE 
GENERAL  ASSEMBLY  OF  1907,  1909  AND   1911. 


RALEIGH 

ISSUED  FROM  OFFICE  OF  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 
1911 


\N 


E.    M.   UZZELL  A  CO. 


TABLE  OF  CONTENTS. 


PREFATORY  NOTE. 

EDUCATION  IN  OUR  CONSTITUTION. 

NEW  SCHOOL  LEGISLATION,  1911. 

County  Farm-life  School  Law. 
Special  County  Taxation  for  Schools. 

THE  PUBLIC  SCHOOL  LAW. 

I.     Application  of  Chapter,  Section  4029. 
II.     The  State  Board  of  Education,  Sections  4030-4035. 

III.  Loans  for  Building  Schoolhouses,  Sections  4053-4056. 

IV.  The  School  System  and  the  Course  of  Study,  Sections 

4085-4088. 

V.     The  General  Powers  and  Duties  of  the  State  Superin- 
tendent, Sections  4089-4092. 

VI.     School  Funds  Provided  by  the  State,  Sections  4093-4106. 
VII.     School  Funds  Provided  by  County  and  Local  Taxation 

and  Apportionment  of  same,  Sections  4107-4118. 
VIII.     The  Powers  and  Duties  of  the  County  Board  of  Educa- 
tion, Sections  4119-4134. 
IX.     The  Powers  and  Duties  of  the  County  Superintendent, 

Sections  4135-4144. 

X.    The  Powers  -and  Duties  of  the  School  Committee,  Sec- 
tions 4145-4151. 

XI.     The  Treasurer  of  the  School  Fund,  Sections  4152-4160. 
XII.     Privileges  and  Duties  of  Teachers,  Sections  4161-4167. 
XIII.     Rural  Libraries,  Sections  4172-4179. 
XIV.     Separate  Schools  for  Indians  of  Robeson  County,  Sec- 
tions 4168-4171. 

Text-book  Law,  Sections  4057-4084. 
Public  High-school  Law. 
The  Child-labor  Law. 
Compulsory-attendance  Law. 
Deaf  Children  Must  Attend. 
Scientific  Temperance  Instruction. 
Health  Law. 

INDEX  TO  PUBLIC  SCHOOL  LAW. 


247905 


PREFATORY  NOTE. 


This  compilation  of  the  Public  School  Laws  of  North  Carolina  is 
issued  in  this  form,  in  accordance  with  Section  4089  of  the  Revisal 
of  1905. 

The  amendments  made  to  the  School  Law  by  the  General  As- 
sembly of  1911  are  printed  in  italics  in  the  amended  sections. 

This  compilation  also  contains  the  legislation  of  1907  relative  to 
high  schools,  compulsory  attendance,  the  employment  of  children 
in  factories,  attendance  of  deaf  children,  and  scientific  temper- 
ance instruction,  with  the  amendments  of  1909,  and  also  the 
amendments  (in  italics)  and  the  new  school  legislation  of  1911. 
The  notes,  decisions,  and  other  matter,  it  is  hoped,  will  be  found 
convenient  and  useful. 

A  careful  reading  of  the  law  by  all  school  officers  and  teachers 
will  prevent  many  mistakes  and  burdensome  correspondence  and 

delay'  J.  T.  JOYNEE, 

Superintendent  of  Public  Instruction. 
RALEIGH,  April,  1911. 


EDUCATION  IN  OUR  CONSTITUTION. 


Article  IX  of  the  Constitution  of  North  Carolina  relates  to  edu- 
cation. It  reads  as  follows : 

SECTION  1.  Religion,  morality  and  knowledge  being  necessary  to 
good  government  and  the  happiness  of  mankind,  schools  and  the 
means  of  education  shall  forever  be  encouraged. 

SEC.  2.  The  General  Assembly,  at  its  first  session  under  this 
Constitution,  shall  provide  by  taxation  and  otherwise  for  a  general 
and  uniform  system  of  public  schools,  wherein  tuition  shall  be  free 
of  charge  to  all  the  children  of  the  State  between  the  ages  of  six 
and  twenty-one  years.  And  the  children  of  the  white  race  and  the 
children  of  the  colored  race  shall  be  taught  in  separate  public 
schools ;  but  there  shall  be  no  discrimination  in  favor  of  or  to  the 
prejudice  of  either  race. 

SEC.  3.  Each  county  of  the  State  shall  be  divided  into  a  conven- 
ient number  of  districts,  in  which  one  or  more  public  schools  shall 
be  maintained  at  least  four  months  in  every  year ;  and  if  the  com- 
missioners of  any  county  shall  fail  to  comply  with  the  aforesaid 
requirements  of  this  section  they  shall  be  liable  to  indictment. 

SEC.  4.  The  proceeds  of  all  lands  that  have  been  or  hereafter 
may  be  granted  by  the  United  States  to  this  State  and  not  other- 
wise appropriated  by  this  State  or  the  United  States,  also  all 
money,  stocks,  bonds  and  other  property  now  belonging  to  any 
State  fund  for  purposes  of  education,  also  the  net  proceeds  of  all 
sales  of  the  swamp  lands  belonging  to  the  State,  and  all  other 
grants,  gifts  or  devises  that  have  been  or  hereafter  may  be  made 
to  the  State  and  not  otherwise  appropriated  by  the  State  or  by  the 
terms  of  the  grant,  gift  or  devise,  shall  be  paid  into  the  State 
Treasury,  and,  together  with  so  much  of  the  ordinary  revenue  of 
the  State  as  may  be  by  law  set  apart  for  that  purpose,  shall  be 
faithfully  appropriated  for  establishing  and  maintaining  in  this 
State  a  system  of  free  public  schools,  and  for  no  other  uses  or  pur- 
poses whatsoever. 

SEC.  5.  All  moneys,  stocks,  bonds,  and  other  property  belonging 
to  a  county  school  fund,  also  the  net  proceeds  from  the  sale  of 
estrays,  also  the  clear  proceeds  of  all  penalties  and  forfeitures  and 
of  all  fines  collected  in  the  several  counties  for  any  .breach  of  the 
penal  or  military  laws  of  the  State,  and  all  moneys  which  shall 


EDUCATION  IN  CONSTITUTION. 


be  paid  by  persons  as  an  equivalent  for  exemption  from  military 
duty  shall  belong  to  and  remain  in  the  several  counties  and  shall 
be  faithfully  appropriated  for  establishing  and  maintaining  free 
public  schools  in  the  several  counties  in  this  State:  Provided, 
that  the  amount  collected  in  each  county  shall  be  annually  re- 
ported to  the  Superintendent  of  Public  Instruction. 

SEC.  6.  The  General  Assembly  shall  have  power  to  provide  for 
the  election  of  trustees  of  the  University  of  North  Carolina,  in 
whom,  when  chosen,  shall  be  vested  all  the  privileges,  rights,  fran- 
chises and  endowments  thereof  in  anywise  granted  to  or  conferred 
upon  the  trustees  of  said  University  ;  and  the  General  Assembly 
may  make  such  provisions,  laws  and  regulations  from  time  to  time 
as  may  be  necessary  and  expedient  for  the  maintenance  and  man- 
agement of  said  University. 

SEC.  7.  The  General  Assembly  shall  provide  that  the  benefits  of 
the  University,  as  far  as  practicable,  be  extended  to  the  youth  of 
the  State  free  of  expense  for  tuition  ;  also  that  all  the  property 
which  has  heretofore  accrued  to  the  State  or  shall  hereafter  accrue 
from  escheats,  unclaimed  dividends  or  distributive  shares  of  the 
estates  of  deceased  persons  shall  be  appropriated  to  the  use  of  the 
University. 

SEC.  8.  The  Governor,  Lieutenant  Governor,  Secretary  of  State, 
Treasurer,  Auditor,  Superintendent  of  Public  Instruction,  and 
Attorney-General  shall  constitute  a  State  Board  of  Education. 

SEC.  9.  The  Governor  shall  be  president  and  the  Superintendent 
of  Public  Instruction  shall  be  secretary  of  the  Board  of  Education. 

SEC.  10.  The  Board  of  Education  shall  succeed  to  all  the  powers 
and  trusts  of  the  president  and  directors  of  the  literary  fund  of 
North  Carolina,  and  shall  have  full  power  to  legislate  and  make 
all  needful  rules  and  regulations  in  relation  to  free  public  schools 
and  the  educational  fund  of  the  State;  but  all  acts,  rules  and 
regulations  of'  said  board  may  be  altered,  amended  or  repealed  by 
the  General  Assembly,  and  when  so  altered,  amended  or  repealed 
they  shall  not  be  reenacted  by  the  board. 

SEC.  11.  The  first  session  of  the  Board  of  Education  shall  be 
held  at  the  capital  of  the  State  within  fifteen  days  after  the 
organization  of  the  State  Government  under  this  Constitution  ;  the 
time  of  future  meetings  may  be  determined  by  the  board. 

SEC.  12.  A  majority  of  the  board  shall  constitute  a  quorum  for 
the  transaction  of  business. 

SEC.  13.  The  contingent  expenses  of  the  board  shall  be  provided 
by  the  General  Assembly. 


EDUCATIONAL  QUALIFICATION.  7 

SEC.  14.  As  soon  as  practicable  after  the  adoption  of  this  Con- 
stitution the  General  Assembly  shall  establish  and  maintain  in 
connection  with  the  University  a  department  of  agriculture,  of 
mechanics,  of  mining  and  of  normal  instruction. 

SEC.  15.  The  General  Assembly  is  hereby  empowered  to  enact 
that  every  child  of  sufficient  mental  and  physical  ability  shall 
attend  the  public  schools  during  the  period  between  the  ages  of 
six  and  eighteen  years  for  a  term  of  not  less  than  sixteen  months, 
unless  educated  by  other  means. 

Section  27:  The  people  have  the  right  to  the  privilege  of  edu- 
cation, and  it  is  the  duty  of  the  State  to  guard  and  maintain  that 
right. — Bill  of  Rights,  North  Carolina  Constitution. 

EDUCATIONAL  QUALIFICATION    FOR  SUFFRAGE. 

Article  VI,  section  4,  of  the  Constitution  of  North  Carolina  con- 
tains the  following : 

Every  person  presenting  himself  for  registration  shall  be  able 
to  read  -and  write  any  section  of  the  Constitution  in  the  English 
language ;  and  before  he  shall  be  entitled  to  vote  he  shall  have 
paid,  on  or  before  the  first  day  of  May  of  the  year  in  which  he 
proposes  to  vote,  his  poll  tax  for  the  previous  year,  as  prescribed 
by  Article  V,  section  1,  of  the  Constitution.  But  no  male  person 
who  was  on  January  1,  1867,  or  at  any  time  prior  thereto,  entitled 
to  vote  under  the  laws  of  any  State  in  the  United  States  wherein 
he  then  resided,  and  no  lineal  descendant  of  any  such  person,  shall 
be  denied  the  right  to  register  and  vote  at  any  election  in  this 
State  by  reason  of  his  failure  to  possess  the  educational  qualifica- 
tions herein  prescribed:  Provided,  he  shall  have  registered  in 
accordance  with  the  terms  of  this  section  prior  to  December  1,  1908. 


NEW  SCHOOL  LEGISLATION,  1911. 


COUNTY  FARM-LIFE  SCHOOL  LAW. 


AN  ACT  TO  PROVIDE  FOR  THE  ESTABLISHMENT  AND 
MAINTENANCE  OF  COUNTY  FARM-LIFE  SCHOOLS  AND 
FOR  THE  PROMOTION  OF  AGRICULTURE  AND  HOME- 
MAKING. 

The  General  Assembly  of  North  Carolina  do  enact: 

SECTION  1.  There  shall  be  established  and  maintained  in  every 
county  complying  with  the  provisions  of  this  act  as  hereinafter  set 
forth  a  school  to  be  known  as  a  "County  Farm-life  School"  for  the 
training  and  preparation  of  the  boys  and  girls  of  said  county  for 
farm  life  and  home-making. 

THE   AIM   OF  THE  COUNTY   FARM-LIFE   SCHOOL. 

SEC.  2.  The  aim  of  said  school  shall  be  to  prepare  boys  for  agri- 
cultural pursuits  and  farm  life  and  to  prepare  girls  for  home- 
making  and  housekeeping  on  the  farm.  The  course  of  study  in 
said  school  shall  be  subject  to  the  approval  of  the  State  Superin- 
tendent of  Public  Instruction  and  an  advisory  board  on  farm-life 
schools,  to  be  appointed  by  him :  Provided,  however,  that  the  course 
of  study  shall  include  practical  work  on  the  farm  by  the  boys  and 
practical  work  in  all  subjects  relating  to  housekeeping  and  home- 
making  by  the  girls. 

BOARD  OF  TRUSTEES. 

SEC.  3.  Said  school  shall  be  under  the  control  and  management 
of  a  board  of  trustees,  consisting  of  one  member  from  each  town- 
ship in  the  county,  appointed  by  the  county  board  of  education, 
who  shall  serve  until  their  successors  shall  be  appointed.  The 
first  board  of  trustees  shall  be  divided  by  the  county  board  of 
education  into  three  as  nearly  equal  groups  as  possible — one  group 
shall  be  appointed  for  a  term  of  two  years,  one  group  for  a  term 
of  four  years,  and  one  group  for  a  term  of  six  years.  Upon  the 
expiration  of  the  term  of  office  of  any  trustee  his  successor  shall 
be  appointed  for  a  term  of  six  years.  The  county  superintendent 


FAEM-LIFE  SCHOOLS.  9 

of  public  instruction  shall  be  ex  officio  a  member  of  said  board  and 
secretary  thereof.  All  vacancies  occurring  by  death,  resignation 
or  otherwise,  in  said  board  shall  be  filled  for  the  unexpired  term 
by  the  county  board  of  education. 

SEC.  4.  Within  ten  days  after  any  county,  township  or  town- 
ships shall  have  complied  with  the  provisions  of  this  act  as  herein- 
after set  forth  for  the  maintenance  and  equipment  of  said  school, 
the  members  of  the  board  of  trustees  shall  be  appointed,  and  the 
county  superintendent  shall  duly  notify  them  to  meet  at  the 
county-seat  within  ten  days  after  their  appointment  to  qualify 

and  organize. 

LOCATION. 

SEC.  5.  After  due  advertisement,  inviting  bids  for  the  location 
of  said  school  within  said  county,  said  board  of  trustees  shall 
locate  it  at  such  place  in  said  county  as  shall  offer  the  largest 
financial  aid  for  maintenance  and  equipment,  having  due  regard 
for  desirability  and  suitability  of  location:  Provided,  hoivever, 
that  said  school  shall  not  be  located  in  any  city  or  town  of  more 
than  one  thousand  inhabitants,  nor  within  two  miles  of  the  cor- 
porate limits  of  any  city  or  town  of  more  than  five  thousand  in- 
habitants. 

BUILDINGS,   FARM,   MAINTENANCE,   ETC. 

SEC.  6.  For  the  maintenance  of  said  school,  the  county  or  town- 
ship or  school  district,  or  all  combined,  wherein  it  is  located,  shall 
provide  annually,  by  taxation  or  otherwise,  not  less  than  twenty- 
five  hundred  dollars.  The  county  or  township  or  school  district, 
or  all  combined,  shall  also  provide  by  bond  issue,  or  otherwise,  the 
following  equipment  for  said  school :  a  school  building  with  reci- 
tation rooms  and  laboratories  and  apparatus  necessary  for  effi- 
cient instruction  in  the  prescribed  subjects  of  study;  dormitory 
buildings  with  suitable  accommodations  for  not  less  than  twenty- 
five  boys  and  twenty-five  girls;  a  barn  and  dairy  building  with 
necessary  equipment;  a  farm  of  not  less  than  twenty-five  acres 
of  good  arable  land.  All  of  said  buildings  shall  be  located  on  said 
farm  and  shall  be  constructed  in  accordance  with  plans  approved 
by  the  State  Superintendent  of  Public  Instruction,  and  the  entire 
equipment  shall  be  subject  to  his  approval  and  acceptance  after 
inspection :  Provided,  however,  that,  upon  recommendation  of  the 
board  of  trustees  and  the  presentation  of  satisfactory  reasons 
therefor,  the  State  Superintendent  of  Public  Instruction  may 
grant  permission  to  said  board  of  trustees  to  accept  any  suitable 


10  FARM-LIFE  SCHOOLS. 

and  properly  equipped  school  building  already  constructed,  though 
it  may  not  be  located  on  said  farm,  provided  it  be  located  within 
reasonable  and  convenient  distance  thereof,  and  may  also  grant 
permission  to  reduce  the  required  acreage  for  the  farm  to  not  less 
than  ten  acres. 

PROVISION    FOR   ELECTION    IN   COUNTY. 

SEC.  7.  Upon  written  request  of  the  county  board  of  education 
of  any  county,  the  board  of  county  commissioners  of  said  county 
may  in  their  discretion  order  an  election  to  be  held  in  said  county, 
in  accordance  with  the  law  governing  general  elections  therein, 
as  nearly  as  may  be :  Provided,  however,  that  a  new  registration 
shall  be  ordered  for  said  election ;  and  not  less  than  thirty  days 
notice  of  said  election  shall  be  given  at  the  courthouse  door  and 
three  other  public  places  in  said  county;  and  if  there  be  news- 
papers published  in  said  county,  a  notice  of  said  election  shall 
also  be  published  weekly  for  four  successive  weeks  preceding  said 
election  in  one  newspaper  therein;  and  the  registrars  and  poll- 
holders  shall  canvass  the  vote  cast,  declare  the  result,  and  duly 
certify  the  returns  to  the  board  of  county  commissioners,  and  the 
returns  shall  be  recorded  in  the  records  of  said  board  of  county 
commissioners.  At  said  election  shall  be  submitted  to  the  quali- 
fied voters  of  the  county  the  question  of  levying  and  collecting  a 
special  tax  on  all  taxable  property  and  polls  of  said  county  for 
the  maintenance  and  equipment  of  a  "County  Farm-life  School" 
therein.  At  such  election  those  favoring  the  levying  and  collec- 
tion of  such  a  tax  for  said  purpose  shall  vote  a  ballot  on  which 
shall  be  written  or  printed  the  words  "For  County  Farm-life 
School" ;  and  those  opposed  shall  vote  a  ballot  on  which  shall  be 
written  or  printed  the  words  "Against  County  Farm-life  School." 
If  a  majority  of  the  qualified  voters  shall  vote  "For  County  Farm- 
life  School,"  then  all  the  provisions  of  this  act  shall  be  in  full 
force  and  effect,  and  the  county  commissioners  shall  annually 
levy  and  cause  to  be  collected,  in  the  same  manner  and  at  the 
same  time  as  other  taxes  of  the  county  are  levied  and  collected,  a 
tax  on  all  property  and  polls  of  the  county  sufficient  to  provide 
the  sum  required  of  said  county  under  section  six  of  this  act  for 
the  annual  maintenance  of  said  school,  and,  in  addition,  the  sum 
required  for  the  payment  of  the  annual  interest  on  such  bond 
issue  as  may  be  found  necessary  for  providing  the  equipment  for 
said  school  required  under  section  six  of  this  act,  as  said  interest 
accrues,  and  to  create  a  sinking  fund  for  the  purpose  of  paying 


FARM -LIFE  SCHOOLS.  11 

off  and  discharging  said  bonds  as  they  become  due.  The  bond  of 
the  sheriff  or  tax  collector  of  said  county  shall  be  responsible  for 
said  tax  to  the  same  extent  as  it  is  liable  for  other  taxes  collected 

by  him. 

BONDS  TO   BE    ISSUED. 

SEC.  8.  If  a  majority  of  the  qualified  voters  at  the  election 
herein  provided  for  shall  vote  "For  County  Farm-life  School,"  it 
shall  be  deemed  and  held  that  a  majority  of  the  qualified  voters 
are  in  favor  of  granting  to  the  board  of  county  commissioners  of 
said  county  authority  to  issue  bonds  in  an  amount  not  to  exceed 
twenty-five  thousand  dollars  for  the  purpose  of  providing  the  nec- 
essary equipment  prescribed  in  section  six  of  this  act;  and  such 
authority  shall  be  granted  to  and  vested  in  said  board  of  county 
commissioners  and  said  board  is  hereby  authorized  and  empow- 
ered to  issue  and  sell  bonds  in  the  name  of  said  county  to  an 
amount  not  to  exceed  twenty-five  thousand  dollars,  of  such  de- 
nomination and  of  such  proportion  as  said  board  of  county  com- 
missioners may  deem  advisable,  bearing  interest  at  a  rate  not  to 
exceed  six  per  centum,  with  interest  coupons  attached,  payable 
at  such  time  or  times  and  at  such  place  or  places  as  may  be 
deemed  advisable  by  said  board  of  county  commissioners,  such 
bonds  to  be  of  such  form  and  tenor  and  transferable  in  such  way, 
and  the  principal  thereof  payable  or  redeemable  at  such  time  or 
times,  not  less  than  fifteen  years  from  the  date  thereof,  and  at 
such  place  or  places  as  said  board  of  county  commissioners  may 
determine.  The  proceeds  arising  from  the  sale  of  said  bonds  shall 
be  expended  by  said  board  of  county  commissioners  in  providing, 
by  purchase  or  otherwise,  the  equipment  in  land,  buildings  and 
apparatus  required  in  section  six  of  this  act  for  the  "County  Farm- 
life  School" :  Provided,  however,  that  the  treasurer  of  said  county 
shall  receive  no  compensation  for  receiving  or  disbursing  the 
money  which  may  be  received  from  the  sale  of  said  bonds. 

ELECTION    IN    TOWNSHIP— ISSUANCE   OF   BONDS  TO 
SECURE   LOCATION. 

"SEC.  9.  The  county  commissioners  of  any  county  that  has  voted 
for  the  establishment  of  a  "County  Farm-life  School"  therein  shall, 
upon  petition  of  one-fourth  of  the  freeholders  in  any  township 
applying  to  the  trustees  of  said  "County  Farm-life  School"  to 
secure  the  location  of  said  school  therein,  order  an  election  therein, 
to  be  held  after  thirty  days  notice  at  three  public  places  in  said 


12  FARM-LIFE  SCHOOLS. 

township,  under  the  law  governing  State  and  county  elections  as 
nearly  as  may  be,  and  the  returns  of  said  election  shall  be  certi- 
fied by  the  registrars  and  pollholders  to  the  board  of  county  com- 
missioners, and  the  same  shall  be  recorded  in  the  records  of  said 
county  commissioners ;  at  which  election  shall  be  submitted  to  the 
qualified  voters  of  said  township  the  question  of  issuing  bonds  in 
a  sum  not  to  exceed  twenty-five  thousand  dollars,  the  amount  of 
said  bond  issue  to  be  set  out  in  the  petition  for  said  election,  and 
of  levying  and  collecting  on  all  taxable  property  and  polls  in  said 
township  a  special  tax  sufficient  to  provide  for  the  payment  of  the 
interest  on  said  township  bonds  as  it  accrues  and  to  create  a  sink- 
ing fund  for  the  purpose  of  paying  off  and  discharging  said  town- 
ship bonds  as  they  become  due.  At  such  election,  those  favoring 
the  levying  and  collection  of  such  a  tax  for  said  purpose  shall  vote 
a  ballot  on  which  shall  be  written  or  printed  the  words  "For 
County  Farm-life  School,"  and  those  opposed  shall  vote  a  ballot 
on  which  shall  be- written  or  printed  the  words  "Against  County 
Farm-life  School."  If  a  majority  of  the  qualified  voters  at  said 
election  shall  vote  "For  County  Farm-life  School,"  then  it  shall 
be  deemed  and  held  that,  a  majority  of  the  qualified  voters  are  in 
favor  of  granting  to  the  board  of  county  commissioners  of  said 
county  authority  to  issue  bonds  in  the  name  of  said  township  in 
such  amount  as  shall  have  been  named  in  the  petition  and  notice 
of  election,  to  be  sold  by  said  commissioners  for  the  purpose  of 
aiding  in  providing  the  buildings  and  farm  and  other  equipment 
for  the  "County  Farm-life  School,"  provided  said  school  shall  be 
located  in  said  township;  and  if  said  school  shall  be  located  in 
said  township,  the  board  of  county  commissioners  shall  annually 
levy  and  cause  to  be  collected,  in  the  same  manner  and  at  the 
same  time  as  other  taxes  of  the  county  are  levied  and  collected,  a 
tax  on  all  property  and  polls  in  said  township,  sufficient  to  pro- 
vide for  the  payment  of  interest  on  said  township  bonds  as  it 
accrues  and  to  create  a  sinking  fund  for  the  purpose  of  paying  off 
and  discharging  said  township  bonds  as  they  become  due ;  and  said 
board  of  county  commissioners  is  hereby  authorized  and  empow- 
ered to  issue  and  sell  said  bonds  of  said  township  to  the  amount 
specified  in  said  petition  and  notice  of  election,  of  such  denomina- 
tion and  of  such  proportion  as  said  board  of  county  commissioners 
may  deem  advisable,  bearing  interest  at  a  rate  not  to  exceed  six 
per  centum,  with  interest  coupons  attached,  payable  at  the  time 
or  times,  and  at  the  same  place  or  places,  and  of  the  same  form 
and  tenor,  and  the  principal  thereof  payable  or  redeemable  at  the 


FARM-LIFE  SCHOOLS.  13 

same  time  or  times  and  at  the  same  place  or  places  as  the  county 
bonds  issued  by  said  board  of  county  commissioners  for  the  equip- 
ment of  said  "County  Farm-life  School."  The  proceeds  arising 
from  the  sale  of  said  township  bonds  shall  be  added  to  the  pro- 
ceeds arising  from  the  sale  of  said  county  bonds  and  expended 
therewith  by  said  board  of  county  commissioners  in  providing,  by 
purchase  or  otherwise,  the  equipment  in  land,  buildings  .and  ap- 
paratus required  in  this  act  for  the  "County  Farm-life  School": 
Provided,  however,  that  any  two  or  more  contiguous  townships 
bidding  for  the  location  of  said  "County  Farm-life  School"  may 
unite  and  hold  an  election  upon  the  same  terms  and  conditions  as 
are  herein  provided  for  one  township  for  the  location  of  the 
"County  Farm-life  School"  at  such  point  in  said  townships  as  may 
be  determined  by  the  board  of  trustees  of  said  "County  Farm-life 
School" :  Provided,  that  the  amount  of  bonds  authorized  to  be 
issued  by  one  or  more  townships  in  order  to  secure  the  location 
of  the  "County  Farm-life  School"  in  a  given  township  shall  be  de- 
ducted from  the  amount  of  bonds  authorized  to  be  issued  by  the 
county,  so  as  to  limit  the  total  issue  of  the  bonds  for  farm,,  build- 
ings and  equipment  to  twenty-five  thousand  dollars. 

IF  ELECTION  FAILS  IN  COUNTY,  TOWNSHIP  OR  CONTIGU- 
OUS TOWNSHIPS  MAY  PROVIDE  FOR  ESTABLISHMENT 
OF  COUNTY  FARM-LIFE  SCHOOL. 

SEC.  10.  In  case  an  election  shall  be  ordered  and  held  in  any 
county  as  herein  provided,  for  the  establishment  and  maintenance 
of  a  "County  Farm-life  School"  therein,  and  a  majority  of  the 
qualified  voters  at  such  election  shall  fail  to  vote  "For  County 
Farm-life  School,"  any  township  in  said  county,  or  any  two  or 
more  contiguous  townships  in  said  county,  shall,  upon  petition  of 
one-fourth  of  the  freeholders  therein  to  the  board  of  county  com- 
missioners of  said  county,  have  an  election  ordered  by  said  com- 
missioners upon  the  same  terms  and  conditions  prescribed  in  sec- 
tion nine  of  this  act :  Provided,  that  a  new  registration  shall  be  or- 
dered; and  if  in  such  election  a  majority  of  the  qualified  voters 
in  said  township  or  townships  shall  vote  "For  County  Farm-life 
School,"  then,  in  that  event,  it  shall  be  deemed  and  held  that  the 
board  of  county  commissioners  of  said  county  is  authorized  and 
empowered  to  issue  and  sell  bonds  in  the  name  of  said  township 
or  townships  in  an  amount  not  to  exceed  twenty-five  thousand  dol- 
lars, and  to  levy  and  cause  to  be  collected  in  the  same  manner 
and  at  the  same  time  as  other  taxes  of  the  county  are  levied  and 


14  FARM-LIFE  SCHOOLS. 

collected,  a  sufficient  tax  on  all  property  and  polls  in  said  town- 
ship or  townships  to  comply  with  all  the  conditions  named  in  this 
act  for  the  maintenance  and  equipment  of  a  "County  Farm-life 
School,"  subject  to  the  same  conditions  as  are  herein  provided 
for  the  issuance  and  sale  of  county  bonds  and  the  levying  and  col- 
lection of  a  county  tax  for  said  purpose;  and  the  said  "County 
Farm-life  School"  shall  thereupon  be  located  at  such  point  in  said 
township  or  townships  as  may-  be  determined  by  the  board  of 
trustees  of  said  "County  Farm-life  School"  provided  for  in  this 
act;  and  such  school,  when  thus  established,  shall  be  a  "County 
Farm-life  School"  for  said  county,  and  shall  be  subject  to  all  the 
rights,  privileges  and  obligations  and  conditions  prescribed  in  this 
act  for  "County  Farm-life  Schools,"  except  as  herein  otherwise 
provided :  Provided  further,  that  at  any  time  after  the  establish- 
ment of  said  "County  Farm-life  School"  by  the  township  or  town- 
ships under  the  provisions  of  this  section,  the  county  may,  under 
the  provisions  of  section  seven  of  this  act,  hold  an  election  as 
therein  provided;  and  if  at  said  election  a  majority  of  the  quali- 
fied voters  of  the  county  shall  vote  "For  County  Farm-life  School," 
and  the  tax  and  bond  issue  provided  for  in  said  section  seven  for 
the  maintenance  and  equipment  of  a  County  Farm-life  School 
shall  be  provided,  as  directed  therein,  by  the  county  commissioners 
for  the  entire  county,  said  school,  established  under  this  section 
by  the  township  or  townships,  shall  become  a  County  Farm-life 
School  in  all  respects  like  a  County  Farm-life  School  established 
under  section  seven  hereof;  and  the  bonds  of  the  township  or 
townships  and  the  tax  levied  for  the  maintenance  of  said  school 
and  for  interest  and  sinking  fund  on  said  bonds,  under  this  sec- 
tion, shall  be  assumed  by  the  entire  county,  as  provided  in  section 
seven  hereof,  and  the  bonds  of  said  township  or  townships  shall  be 
canceled  by  substituting  therefor  the  county  bonds  provided  for 
in  section  seven  hereof. 

HIGH-SCHOOL  DEPARTMENT  CONDUCTED  IN  CONNECTION 
WITH  COUNTY   FARM-LIFE  SCHOOL. 

SEC.  11.  There  shall  be  established  and  maintained  in  connection 
with  each  County  Farm-life  School  such  a  high-school  course  of 
study  as  is  prescribed  under  the  high-school  law  of  the  State  for 
first-grade  public  high  schools,  and  for  the  maintenance  of  such 
high-school  department  of  the  County  Farm-life  School  there  shall 
be  the  same  county  and  State  apportionments  as  are  now  made 
and  required  for  a  first-grade  public  high  school  under  the  pro- 


F  ABM -LIFE    SCHOOLS.  15 

visions  of  the  public  high-school  law  of  the  State.  If  an  additional 
apportionment  for  said  high-school  department  of  said  school  can- 
not be  made  out  of  the  State  appropriation  for  public  high  schools, 
then  the  State  and  county  appropriations  for  one  or  more  of  the 
existing  high  schools  in  said  county  shall  be  transferred  to  the 
maintenance  and  support  of  said  high-school  department  of  said 
County  Farm-life  School.  If  said  County  Farm-life  School  shall 
be  located  at  the  same  place  with  some  existing  public  high  school 
in  said  county  established  and  maintained  under  the  public  high- 
school  law  of  the  State,  then  said  public  high  school  shall  be  merged 
into  and  become  the  high-school  department  of  said  County  Farm- 
life  School  as  an  organic  part  thereof;  and  the  appropriations  for 
the  maintenance  thereof  shall  be  the  same  as  the  appropriations 
now  required  for  a  first-grade  public  high  school  under  the  pro- 
visions of  the  public  high-school  law  of  the  State.  The  require- 
ments for  teachers  in  said  high-school  department  of  the  County 
Farm-life  School  shall  be  the  same  as  are  now  required  for  high- 
school  teachers  under  the  said  high-school  law.  Said  high-school 
department  and  course  of  study,  however,  and  the  entire  man- 
agement of  the  same  shall  be  under  the  direction  and  control  of 
the  board  of  trustees  and  the  principal  of  the  County  Farm-life 
School,  and  shall  be  conducted  as  an  organic  part  of  said  school. 

CERTIFICATION   OF  TEACHERS. 

SEC.  12.  No  person  shall  be  employed  as  principal  in  charge  of 
any  "County  Farm-life  School"  who  does  not  hold  a  high-school 
teacher's  certificate  on  all  required  subjects  except  Latin,  Greek, 
and  modern  languages,  including  an  additional  certificate  from  the 
State  Board  of  Examinee's  and  the  president  of  the  North  Caro- 
lina College  of  Agriculture  and  Mechanic  Arts,  stating  that  he 
has  furnished  satisfactory  evidence  to  them  of  his  qualifications 
by  special  training  and  practical  experience  for  said  position. 
And  no  person  shall  be  employed  in  the  department  of  said 
"County  Farm-life  School"  for  the  special  training  of  girls  for 
home-making  and  housekeeping  on  the  farm  who  does  not  hold  a 
high-school  teacher's  certificate  on  all  required  subjects  except 
Latin,  Greek,  and  modern  languages,  including  an  additional  cer- 
tificate from  the  State  Board  of  Examiners  and  the  president  of 
the  State  Normal  and  Industrial  College,  stating  that  such  per- 
son has  furnished  to  them  satisfactory  evidence  of  qualifications 
by  special  training  and  practical  experience  for  said  position. 


16  FARM-LIFE  SCHOOLS. 

AGRICULTURAL  AND  FARM-LIFE  EXTENSION  AND  DEMON- 
STRATION—SHORT COURSES  FOR  ADULTS,  MEN  AND 
WOMEN. 

SEC.  13.  It  shall  be  a  part  of  the  duty  of  the  faculty  of  each 
"County  Farm-life  School"  to  conduct  agricultural  farm-life  ex- 
tension and  demonstration  work  in  said  county,  in  cooperation, 
as  far  as  possible,  with  such  work  carried  on  in  said  county  by 
the  State  Department  of  Agriculture,  the  North  Carolina  College 
of  Agriculture  and  Mechanic  Arts,  and  the  United  States  Depart- 
ment of  Agriculture ;  to  hold  township  and  district  meetings  in 
various  parts  of  the  county  from  time  to  time  for  farmers  and 
farmers'  wives ;  to  cooperate  with  the  county  superintendent  of 
public  instruction  and  with  the  county  commissioner  of  agricul- 
ture, where  such  officer  exists,  in  stimulating,  directing,  and 
supervising  practical  farm-life  work  in  the  public  high  schools 
and  the  elementary  schools  of  the  county,  and  in  providing  in- 
struction, through  the  County  Teachers'  Association  and  through 
special  short  courses  of  study  at  said  "County  Farm-life  School," 
for  the  public  school  teachers  of  said  county.  There  shall  be  pro- 
vided in  the  courses  of  study  of  said  "County  Farm-life  School" 
short  courses  in  farm-life  studies  to  which  shall  be  admitted  adult 
farmers,  men  and  women ;  and  there  shall  be  held  at  said  "County 
Farm-life  School"  annually  one  or  more  county  meetings  for  the 
farmers  and  their  wives  of  said  county  for  instruction  and  demon- 
stration work.  All  of  the  work  herein  required  and  all  other 
work  of  the  "County  Farm-life  School"  shall  be  under  the  general 
supervision  of  the  county  superintendent  of  public  instruction, 
and  said  school  shall  in  all  respects  be  an  organic  part  of  the 
county  public  school  system. 

ADMISSION   OF  STUDENTS   FROM   OTHER  COUNTIES. 

SEC.  14.  The  board  of  trustees  of  the  "County  Farm-life  School" 
of  any  county  is  hereby  authorized  and  empowered  to  admit  stu- 
dents from  other  counties  of  the  State  to  said  school  upon  pay- 
ment of  such  rate  of  tuition  as  said  board  of  trustees  may  fix ; 
but  all  students  who  are  residents  of  the  county  in  which  said 
school  is  located  shall  be  admitted  to  said  school  without  charge 
for  tuition,  except  as  provided  for  in  section  ten  of  this  act ;  and 
said  board  of  trustees  shall  fix  all  other  charges  in  said  school  at 
actual  cost 


FARM-LIFE  SCHOOLS.  IT 


TREASURER  OF  COUNTY   FARM-LIFE   SCHOOL. 

SEC.  15.  The  treasurer  of  said  county  shall  be  the  treasurer  of 
said  "County  Farm-life  School,"  and  shall  receive  and  disburse  all 
funds  therefor,  keeping  and  rendering  annually  to  the  board  of 
trustees  of  said  school  a  separate  account  of  such  receipts  and 
disbursements :  Provided,  that  said  treasurer,  if  employed  on 
salary,  shall  receive  no  additional  compensation  for  his  services ; 
and  if  employed  on  commission,  he  shall  receive  as  compensation 
not  to  exceed  one  per  cent  on  all  disbursements  and  nothing  on 
receipts.  The  official  bond  of  said  treasurer  shall  be  responsible 
and  held  liable  for  all  funds  coming  into  his  hands  for  said  school 
to  the  same  extent  as  it  is  liable  for  other  funds  received  by  him 
as  treasurer  of  said  county. 

THE  CORPORATE    NAME. 

SEC.  16.  The  board  of  trustees  of  the  said  "County  Farm-life 
School"  and  their  successors  in  office  shall  be  and  are  hereby  con- 
stituted a  body  corporate  by  the  name  and  style  of  "The  Board  of 

Trustees  of  the  County  Farm-life  School  of County," 

and  by  that  name  may  sue  and  be  sued,  contract  and  be  contracted 
with,  purchase,  hold  and  sell  real  estate  and  personal  property, 
receive  donations  by  gift  or  otherwise,  and  exercise  such  other 
rights  and  privileges  as  are  conferred  by  law  upon  corporate 
bodies.  The  title  to  all  lands  and  other  property  of  the  "County 
Farm-life  School"  shall  vest  in  said  board  of  trustees. 

APPROPRIATION   OF  STATE   FUNDS. 

SEC.  17.  Upon  satisfactory  evidence  furnished  to  the  State  Board 
of  Education  that  all  the  provisions  of  this  act  for  the  establish- 
ment, maintenance,  and  equipment  of  a  "County  Farm-life  School" 
have  been  complied  with  in  any  county,  the  said  State  Board  of 
Education  shall  order  the  State  Superintendent  of  Public  Instruc- 
tion to  issue  a  requisition  upon  the  State  Auditor  for  the  sum  of 
two  thousand  five  hundred  dollars  annually  for  the  maintenance  of 
said  school,  and  the  State  Auditor  shall  issue  his  warrant  in  favor 
of  the  county  treasurer  of  said  county  for  said  amount,  which 
shall  be  paid  out  of  the  State  Treasury  and  the  money  placed 
to  the  credit  of  the  "County  Farm-life  School"  of  said  county ; 
and  sufficient  moneys  to  pay  said  warrants  are  hereby  appro- 


18  FARM-LIFE  SCHOOLS. 

priated  out  of  any  funds  in  the  hands  of  the  State  Treasurer  not 
otherwise  appropriated:  Provided,  however,  that  there  shall  not 
be  established  more  than  ten  such  schools  in  any  one  year,  and  that 
not  more  than  one  such  school  shall  be  established  in  any  county. 

SEC.  18.  This  act  shall  be  in  full  force  and  effect  from  and  after 
its  ratification. 

Ratified  this  the  3d  day  of  March,  A.  D.  1911. 

1911,  c.  84. 


SPECIAL  COUNTY  TAXATION  FOR  SCHOOLS. 


AN  ACT  TO  AUTHORIZE  ANY  COUNTY  IN  NORTH  CARO- 
LINA TO  VOTE  UPON  THE  LEVYING  AND  COLLECTION 
OF  A  SPECIAL  TAX  ON  PROPERTY  AND  POLLS  TO  SUP- 
PLEMENT THE  COUNTY  SCHOOL  FUND  OF  SAID 
COUNTY. 

The  General  Assembly  of  North  Carolina  do  enact: 

SECTION  1.  That  the  county  commissioners  of  any  county,  upon 
the  petition  of  the  county  board  of  education  of  said  county,  may 
order  an  election  to  be  held  in  said  county  to  ascertain  the  will 
of  the  people  whether  there  shall  be  levied  on  all  taxable  prop- 
erty and  polls  of  said  county  a  special  tax,  not  to  exceed  thirty 
cents  on  the  one  hundred  dollars  valuation  of  property  and  ninety 
cents  on  each  poll,  to  supplement  the  county  school  fund  of  said 
county. 

SEC.  2.  That  said  election  shall  be  conducted  for  the  county  as 
nearly  as  may  be  under  the  same  rules  and  regulations  governing 
district  special  school-tax  elections,  as  set  out  in  section  four 
thousand  one  hundred  and  fifteen  of  the  Revisal  of  one  thousand 
nine  hundred  and  five  of  North  Carolina. 

SEC.  3.  That  in  case  a  majority  of  the  qualified  voters  at  said 
election  shall  vote  in  favor  of  said  tax,  the  same  shall  be  annually 
levied  and  collected  in  the  same  manner  and  at  the  same  time  as 
other  taxes  of  the  county  are  levied  and  collected. 

SEC.  4.  That  in  case  a  majority  of  the  qualified  voters  at  said 
election  in  any  township  of  said  county  shall  vote  for  said  special 
tax,  the  same  shall  be  annually  levied  and  collected  in  said  town- 
ship in  the  same  manner  and  at  the  same  time  as  other  taxes  are 
levied  and  collected,  and  used  to  supplement  the  school  fund  of 
said  township. 

SEC.  5.  That  in  case  a  majority  of  the  qualified  voters  at  said 
election  in  any  township  or  in  the  entire  county  shall  vote  in  favor 
of  said  special  tax,  on  petition  of  a  majority  of  the  members  of 
the  board  of  trustees  or  the  school  committee  of  any  existing 
special-tax  district  within  said  township  or  county  so  voting,  the 
county  commissioners  shall  reduce  the  annual  special  local-tax 
levy  of  said  district  by  an  amount  not  exceeding  the  special  levy 
provided  for  the  county  or  township  under  this  act. 


20  SPECIAL  COUNTY  TAXATION  FOB  SCHOOLS. 

SEC.  6.  That  in  case  a  majority  of  the  qualified  voters  at  said 
election  in  any  county  shall  fail  to  vote  for  said  special  tax,  on 
petition  of  a  majority  of  the  members  of  the  county  board  of 
education  of  said  county,  the  county  commissioners  may,  after 
thirty  days'  notice,  order  an  election  in  any  subsequent  year  after 
the  first  election  for  the  same  purpose  and  under  the  same  regula- 
tions as  the  first  election  herein  provided  for  in  any  or  all  of  the 
townships  of  said  county  that  shall  have  failed  to  carry  said  spe- 
cial tax  in  the  former  election. 

SEC.  7.  That  the  expense  of  holding  said  election  shall  be  paid 
out  of  the  county  school  fund  of  said  county. 

SEC.  8.  That  this  act  shall  be  in  full  force  and  effect  from  and 
after  its  ratification. 

Ratified  this  the  3d  day  of  March,  A.  D.  1911. 

1911,  c.  71. 


THE  PUBLIC  SCHOOL  LAW. 


The  following  is  the  Public  School  Law  of  one  thousand  nine 
hundred  and  five,  as  amended  by  the  General  Assembly  of  one 
thousand  nine  hundred  and  seven,  one  thousand  nine  hundred  and 
nine,  and  one  thousand  nine  hundred  and  eleven.  Each  division  of 
the  law  is  preceded  by  a  succinct  summary  and  contains  explana- 
tory notes,  the  whole  being  followed  by  decisions  bearing  on  its 
interpretation. 

I.     APPLICATION   OF  CHAPTER. 

4029.    THIS    CHAPTEB    NOT  APPLICABLE   TO    CERTAIN    SCHOOLS  ;    SUCH 

SCHOOLS  REGULATED.  The  provisions  of  this  chapter  shall  not  ap- 
ply to  any  township,  city  or  town  now  levying  a  special  tax  for 
schools  and  operating  under  special  lawrs  or  charters,  or  to  schools 
operating  under  section  forty-seven,  chapter  one  hundred  and 
ninety-nine,  Laws  of  one  thousand  eight  hundred  and  eighty-nine. 
School  districts  in  any  city  or  town  now  operating  under  section 
forty-seven,  chapter  one  hundred  and  ninety-nine,  Laws  of  one 
thousand  eight  hundred  and  eighty-nine,  are  hereby  continued,  and 
all  vacancies  in  the  school  committees  therein  shall  be  filled  by 
the  county  board  of  education.  If  such  districts  comprise  a  town- 
ship, there  shall  not  be  appointed  township  school  committeemen 
for  such  township,  and  all  apportionments  shall  be  made  directly 
to  the  committee  of  such  districts.  The  superintendent  and  treas- 
urer of  all  such  schools  receiving  any  part  of  the  public-school 
fund  shall  be  required  to  make  to  the  State  Superintendent  and 
the  county  superintendent  such  reports  as  these  officers  shall  de- 
mand and  as  are  made  by  other  public  schools  to  them,  and  shall 
be  under  the  general  supervision  of  the  State  Superintendent  of 
Public  Instruction. 

1901,  c.  4,  s.  73;  1903,  c.  435,  s.  25. 

[This  section  requires  the  proper  officers  of  town  and  city  schools 
to  make  reports  to  the  State  Superintendent.] 

II.  THE  STATE  BOARD  OF  EDUCATION. 

Summary:  THE  STATE  BOARD  CONSISTS  OF  THE  GOVERNOR,  THE 
LIEUTENANT  GOVERNOR,  THE  SECRETARY  OF  STATE,  THE  TREASURER, 
THE  AUDITOR,  THE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION,  AND 


22  SECTIONS  4030-32. 

THE  ATTORNEY-GENERAL  ;  HAS  CORPORATE  POWERS  ;  THE  GOVERNOR  is 
PRESIDENT,  THE  STATE  SUPERINTENDENT  IS  SECRETARY  ;  IT  MUST  KEEP 
A  RECORD  OF  ITS  PROCEEDINGS,  AND  SUCCEEDS  TO  ALL  THE  POWERS  OF 
"THE  PRESIDENT  AND  DIRECTORS  OF  THE  LITERARY  FUND."  THIS 
BOARD  MAY  MAKE  RULES  FOR  THE  GOVERNMENT  AND  REGULATION  OF 
THE  PUBLIC  SCHOOLS  AND  HAS  VESTED  IN  IT  THE  PROPERTY  AND  MAN- 
AGEMENT OF  THE  LITERARY  FUND  OF  THE  STATE.* 

4030.  INCORPORATED.     The  Governor,  Lieutenant  Governor,  Secre- 
tary of  State,  Treasurer,  Auditor,  Superintendent  of  Public  Instruc- 
tion and  Attorney-General  shall  constitute  the  State  Board  of  Edu- 
cation, and  by  the  name,  the  State  Board  of  Education,  are  created 
a  corporation,  and  by  that  name  may  sue  and  be  sued ;  may  have 
a  common  seal ;  may  acquire,  receive  and  hold  real,  personal  and 
mixed  property,  by  purchase,  gift,  devise  or  otherwise,  and  may 
sell,  dispose  of  and  convey  the  same ;  and  may  contract  and  be 
contracted  with,  for  the  purposes  provided  in  this  chapter  and  for 
such  other  purposes  as  may  be  prescribed  by  law,  and  to  that  end 
may  make  such  by-laws  for  its  government  and  the  exercise  of  its 
po\vers,  and  alter  the  same  from  time  to  time  in  its  discretion,  as 
shall  not  be  in  conflict  with  the  laws  of  the  State  and  of  the 
United  States ;  and  shall  be  vested  with  all  other  powers  conferred 
upon  corporations  under  the  general  law  relating  to  corporations. 

Const.,  Art.  IX,  ss.  8,  9,  10;  Code,  s.  2503;  1881,  c.  200;  1903, 
c.  567,  s.  7. 

4031.  OFFICERS  ;   QUORUM  ;   MEETINGS  ;  EXPENSES.     Of  the  board, 
the  Governor  shall  be  president,  the  Superintendent  of  Public  In- 
struction shall  be  secretary,  and  the  Treasurer  of  the  State  shall 
be  treasurer,  and  a  majority  of  the  board  shall  constitute  a  quo- 
rum for  the  transaction  of  business.     The  board  shall  hold  its  meet- 
ings in  the  Executive  office,  and  shall  meet  at  such  times  as  a 
majority  of  the  members  may  appoint ;  but  the  Governor  may  call 
a  meeting  at  any  time.     The  contingent  expenses  of  the  board  shall 
be  provided  for  by  the  General  Assembly. 

Const.,  Art.  IX,  ss.  9,  12,  13 ;  Code,  s.  2504 ;  1881,  c.  200,  s.  2. 

4032.  PROCEEDINGS  RECORDED.     All  the  proceedings  of  the  board 
shall  be  recorded  in  a  well-bound  and  suitable  book,  which  shall  be 
kept  in  the  office  of  the  Superintendent  of  Public  Instruction. 

Code,  s.  2505 ;  1881,  c.  200,  s.  3. 


*The  State  Board  of  Education,  in  addition  to  the  above,  has  control  of  the 
Colored  Normal  Schools  (Rev.  1905,  4180-4186),  and  is  the  Text-book  Commission 
(Rev.  1905,  4057-4084).  The  State  Board  also  elects  directors  of  State  Normal 
and  Industrial  College  (Rev.  1905,  4252).  The  trustees  of  the  East  Carolina 
Training  School  are  also  elected  by  this  board  (Laws  1907). 


SECTIONS  4033-35.  23 

4033.  SUCCEEDS  TO  POWERS  AND  PROPERTY,  ETC.,  OF  LITERARY  FUND. 
The  State  Board  of  Education  shall  succeed  to  all  the  powers  and 
trusts  of  the  "president  and  directors  of  the  literary  fund  of  North 
Carolina,"  and  shall  have  full  power  to  legislate  and  make  all 
needful  rules  and  regulations  for  the  government  of  the  public 
schools  and  for  the  management  of  the  State  educational  fund ; 
but   all   such   acts,   rules  and  regulations   of   the  board    may  be 
altered,  amended  or  repealed  by  the  General  Assembly,  and  when 
so  altered,  amended  or  repealed  shall  not  be  reenacted  by  the 
board ;  and  the  board  shall  succeed  to  and  have  all  the  property, 
powers,   rights,  privileges  and  advantages  which  in  anywise  be- 
longed or  appertained  to  the  "president  and  directors  of  the  liter- 
ary fund  of  North  Carolina,"  and  may,  in  its  own  name,  assert, 
use,  apply  and  enforce  the  same. 

Const.,  Art.  IX,  s.  10;  Code,  s.  2506;  1881,  c.  200,  s.  4 ;  R.  C., 
c.  66 ;  R.  S.,  cc.  66,  67. 

4034.  ACCOUNTS  KEPT;  REPORTS  MADE.     The  State  Treasurer  shall 
keep  a  fair  and  regular  account  of  all  the  receipts  and  disburse- 
ments of  the  State  literary  fund,  and  shall  report  the  same  to  the 
General  Assembly  at  the  same  time  when  he  makes  his  biennial 
account  of  the  ordinary  revenue;  and  the  State  Board  of  Educa- 
tion shall  report  to  the  General  Assembly  the  manner  in  which  the 
fund  has  been  applied  or  invested,  with  such  recommendations  for 
the  improvement  of  the  same  as  to  it  shall  seem  expedient. 

Code,  s.  2507;  R.  C.,  c.  66,  s.  4;  1825,  c.  1268,  s.  2;  1903,  c. 
567,  s.  1. 

4035.  How  FUNDS  INVESTED.     The  State  Board  of  Education  is 
authorized  to  invest  in  North  Carolina  four  per  cent  bonds  or  in 
other  safe  interest-bearing  securities,  the  interest  on  which  shall 
be  used  as  may  be  directed  from  time  to  time  by  the  General  As- 
sembly for  school  purposes. 

1891,  c.  369. 

NOTE. — Sections  4036-4052  concern  Swamp  Lands. 

III.     LOANS    FOR   BUILDING   SCHOOLHOUSES. 

Summary:  THE  STATE  BOARD  MAY  MAKE  LOANS  FROM  THE  LITER- 
ARY FUND  TO  THE  COUNTY  BOARD  FOR  BUILDING  SCHOOLHOUSES,  ANY 
SUCH  LOAN  TO  BE  RELOANED  BY  THE  COUNTY  BOARD  TO  THE  SCHOOL 
DISTRICT.  SUCH  LOANS  BEAR  4  PER  CENT  INTEREST  AND  ARE  A  LIEN 
ON  ALL  THE  COUNTY  SCHOOL  FUNDS,  AND  MUST  BE  REPAID  IN  TEN 


24  SECTIONS  4053-55. 

EQUAL  INSTALLMENTS.    ALL  LOANS  ABE  MADE  UNDER  SUCH  EULES 
AND  REGULATIONS  AS  THE  STATE  BOARD  MAY  ADOPT.* 

4053.  MADE  BY  STATE  BOARD.     The  State  Board  of     Education, 
under  such  rules  and  regulations  as  it  may  deem  advisable,  not 
inconsistent  with  the  provisions  of  this  chapter,  may  make  loans 
from  the  State  literary  fund  to  the  county  board  of  education  of 
any  county  for  the  building  and  improving  of  public-school  houses 
in  such  county ;  but  no  warrant  for  the  expenditure  of  any  money 
for  such  purposes  shall  be  issued  by  the  Auditor  except  upon  the 
order  of  the  State  Superintendent  of  Public  Instruction,  with  the 
approval  of.  the  State  Board  of  Education. 

1903,  c.  567,  ss.  1,  2,  8. 

4054.  TERMS  OF.     Loans  made  under  the  provisions  of  this  chap- 
ter shall  be  payable  in  ten  installments,  shall  bear  interest  at  four 
per  centum,  payable  annually,  and  shall  be  evidenced  by  the  note 
of  the  county  board  of  education,  executed  by  the  chairman  and 
secretary  thereof,  and  deposited  with  the  State  Treasurer.     The 
first  installments  of  such  loan,  together  with  the  inte'rest  on  the 
whole  amount  then  due,  shall  be  paid  by  the  county  board  on  the 
tenth  day  of  February  after  the  tenth  day  of  August,  subsequently 
to  the  making  of  such  loan,  and  the  remaining  installments,  to- 
gether with  the  interest,  shall  be  paid,  one  each  year,  on  the  tenth 
day  of  February  of  each  subsequent  year,  till  all  shall  have  been 
paid. 

1903,  c.  567,  s.  3. 

4055.  How  SECURED  AND  PAID.     At  the  January  meeting  of  the 
county  board  of  education,  before  any  installment  shall  be  due  on 
the  next  tenth  day  of  February,  the  county  board  shall  set  apart 
out  of  the  school  funds  an  amount  sufficient  to  pay  such  installment 
and  interest  to  be  due,  and  shall  issue  its  order  upon  the  treasurer 
of  the  county  school  fund  therefor,  who,  prior  to  the  tenth  day  of 
February,  shall  pay  over  to  the  State  Treasurer  the  amount  then 
due.     And  any  amount  loaned  under  the  provisions  of  this  law 
shall  be  a  lien  upon  the  total  school  funds  of  such  county,  in  what- 
soever hands  such  fund  may  be;   and  upon  failure  to  pay  any 
installment  or  interest,  or  part  of  either,  when  due,  the  State  Treas- 
urer may  deduct  a  sufficient  amount  for  the  payment  of  the  same 
out  of  any  fund  due  any  county  from  any  special  State  appropria- 
tion for  public  schools,  or  he  may  bring  action  against  the  county 
board  of  education  of  such  county,  any  person  in  whose  possession 


*The  State -Superintendent,  on  application,  will  furnish  the  rules  regulating 
this  subject. 


SECTION  4056.  25 

may  be  any  part  of  the  school  funds  of  the  county,  and  the  tax 
collector  of  such  county ;  and  if  the  amount  of  school  fund  then  on 
hand  be  insufficient  to  pay  in  full  the  sum  so  due,  then  the  State 
Treasurer  shall  be  entitled  to  an  order  directing  the  tax  collector 
of  such  county  to  pay  over  to  the  State  Treasurer  all  moneys  col- 
lected for  school  purposes  until  such  debt  and  interest  shall  have 
been  paid. 

1903,  c.  567,  s.  4. 

4056.  LOANS  BY  COUNTY  BOARDS  TO  SCHOOL  DISTRICTS.  The  county 
board  of  education,  from  any  sum  borrowed  under  the  provisions 
of  this  chapter,  may  make  loans  to  any  district  in  such  county  for 
the  purpose  of  building  schoolhouses  in  such  district,  and  the 
amount  so  loaned  to  any  district  shall  be  payable  in  ten  annual 
installments,  with  interest  thereon  at  four  per  centum,  payable 
annually.  At  the  January  meeting  of  such  county  board  it  shall 
deduct  from  the  apportionment  made  to  any  district  which  has 
borrowed  under  the  provisions  of  this  chapter  the  installment  and 
interest  then  due,  and  shall  continue  to  deduct  such  amount  at 
each  annual  January  meeting  until  the  whole  amount  shall  hate 
been  paid,  together  with  interest. 

1903,  c.  567,  s.  5. 

NOTE. — Sections  4057-4084  concern  the  Text-book  Commission. 

[Under  this  section  the  county  board  of  education  may  make  an 
additional  apportionment  out  of  its  building  fund  to  assist  a  dis- 
trict to  repay  its  annual  interest  and  installment  on  its  loan.] 

IV.     THE  SCHOOL  SYSTEM  AND  THE  COURSE  OF  STUDY. 
Summary:     THE  SYSTEM  OF  PUBLIC  EDUCATION  MUST  BE  UNIFORM 

AND  FREE  TO  ALL  CHILDREN  BETWEEN  THE  AGES  OF  SIX  AND  TWENTY- 
ONE  YEARS.  SEPARATE  SCHOOLS  MUST  BE  PROVIDED  FOR  WHITE,  COL- 
ORED AND  INDIAN  CHILDREN,  WITHOUT  RACE  DISCRIMINATION.  THE 
COURSE  OF  STUDY  MUST  INCLUDE  SPELLING,  READING,  WRITING,  ARITH- 
METIC, DRAWING,  LANGUAGE  LESSONS  AND  COMPOSITION,  ENGLISH 
GRAMMAR,  GEOGRAPHY,  HISTORY  OF  NORTH  CAROLINA  AND  THE  UNITED 
STATES,  AND  ELEMENTS  OF  CIVIL  GOVERNMENT,  CONTAINING  THE  CON- 
STITUTIONS OF  NORTH  CAROLINA  AND  OF  THE  UNITED  STATES,  AND 
TEXT-BOOK  INSTRUCTION  IN  PHYSIOLOGY  AND  HYGIENE.  OTHER  SUB- 
JECTS MAY  BE  TAUGHT  IN  ELEMENTARY  SCHOOLS  WHEN  PRESCRIBED  BY 
THE  STATE  BOARD  OF  EDUCATION.  THE  STATE  SUPERINTENDENT  PRE- 
SCRIBES THE  COURSE  OF  STUDY  FOR  HIGH  SCHOOLS  UNDER  THE  LAWS 

OF  1907.  ALL  SCHOOL  OFFICIALS  ARE  REQUIRED  TO  TAKE  OATH  FOR 
THE  FAITHFUL  PERFORMANCE  OF  THEIR  DUTIES. 


26  SECTIONS  4085-87. 

4085.  UNIFORM   SYSTEM;   COMPULSORY  ATTENDANCE.    The  people 
have  the  right  to  the  privilege  of  education,  and  it  is  the  duty  of 
the  State  to  guard  and  maintain  that  right ;  and,  religion,  morality 
and  knowledge  being  necessary  to  good  government  and  the  happi- 
ness of  mankind,  schools  and  the  means  of  education  shall  forever 
be  encouraged.    The  General  Assembly  shall  provide,  by  taxation 
and  otherwise,  for  a  general  and  uniform  system  of  public  schools, 
wherein  tuition  shall  be  free  of  charge  to  all  children  of  the  State 
between  the  ages  of  six  and  twenty-one  years;  and  the  General 
Assembly  is  empowered  to  enact  that  every  child  of  sufficient  men- 
tal and  physical  ability  shall  attend  the  public  schools,  during  the 
period  between  the  ages  of  six  and  eighteen  years,  for  a  term  of 
not  less  than  sixteen  months,  unless  educated  by  other  means. 

Const.,  Art.  I,  s.  27 ;  Art.  IX,  ss.  1,  2,  15. 

4086.  SEPARATE  SCHOOLS  FOR  RACES;  NO  DISCRIMINATION  AGAINST 
EITHER  RACE.    The  children  of  the  white  race  and  the  children  of 
the  colored  race  shall  be  taught  in  separate  public  schools,  but 
there  shall  be  no  discrimination  in  favor  of  or  to  the  prejudice  of 
either   race.    All   white  children  shall   be  taught   in   the   public 
schools  provided  for  the  white  race,  and  all  colored  children  shall 
be  taught  in  the  public  schools  provided  for  the  colored  race;  but 
no  child  with  negro  blood  in  his  veins,  however  remote  the  strain, 
shall  attend  a  school  for  the  white  race,  and  no  such  child  shall  be 
considered  a  white  child.    The  descendants  of  the  Croatan  Indians 
now  living  in  Robeson  and  Richmond  counties  shall  have  separate 
schools  for  their  children,  as  hereinafter  provided  in  this  chapter. 

Const,  Art.  IX,  s.  2 ;  1901,  c.  4,  s.  68 ;  1903,  c.  435,  s.  22. 

[It  is  the  duty  of  the  county  boards  of  education  to  provide  sepa- 
rate school  facilities  for  the  Cherokee  Indian  children  residing  in 
the  western  part  of  this  State,  when  not  otherwise  provided  /or.] 

4087.  WHAT  TAUGHT.     The  branches  to  be  taught  in  all  the  pub- 
lic schools  shall  be  spelling,  reading,  writing,  arithmetic,  drawing, 
language  lessons  and  composition,  English  grammar,  geography, 
the  history  of  North  Carolina  and  the  United  States  and  elements 
of  civil  government  containing  the  Constitution  of  North  Carolina 
and  of  the  United  States,  elements  of  agriculture  and  oral  and 
text-book  instruction  in  elementary  physiology  and  hygiene,  includ- 
ing the  nature  and  effect  of  alcoholic  drinks  and  narcotics :    Pro- 
vided, that  in  public  schools  employing  more  than  one  teacher  the 
elements  of  civil  government,  physiology  and  hygiene,  including  the 
nature  and  effect  of  alcoholic  drinks  and  narcotics  and  such  other 


SECTIONS  4088-89.  27 

subjects  of  study  as  the  State  Board  of  Education  may  direct, 
shall  be  taught,  after  adequate  provision  shall  have  first  been  made 
for  the  thorough  teaching  of  the  branches  before  named. 
1905,  c.  533,  s.  9 ;  1901,  c.  4,  s.  37. 

[High-school  branches  cannot  be  taught  in  schools  having  only 
one  teacher,  and  may  be  taught  in  schools  having  more  than  one 
teacher  only  after  adequate  provision  lias  first  been  made  for 
the  thorough  teaching  of  the  elementary  branches  mentioned  in 
this  section.] 

4088.  OATH  OF  OFFICE  TAKEN  BY  OFFICIALS.  The  members  of  the 
county  board  of  education,  the  school  committeemen  and  the 
county  superintendent  of  public  instruction  shall,  before  entering 
upon  the  duties  of  office,  take  oath  for  the  faithful  performance 
thereof. 

1901,  c.  4,  s.  45. 

V.     THE  GENERAL  POWERS  AND  DUTIES  OF  THE 
STATE  SUPERINTENDENT. 

Summary:  THE  SUPERINTENDENT  is  REQUIRED  TO  PUBLISH  THE 
SCHOOL  LAW,  MAKE  A  BIENNIAL  REPORT  TO  THE  GOVERNOR,  KEEP  HIS 
OFFICE  AT  THE  CAPITAL,  AND  SIGN  ALL  ORDERS  FOR  MONEY  PAID  OUT 
OF  STATE  TREASURY  FOR  EDUCATIONAL  PURPOSES.  HE  HAS  GENERAL 
DIRECTION  OF  THE  SCHOOL  SYSTEM  AND  THE  ENFORCEMENT  OF  THE 
SCHOOL  LAW,  ALL  SCHOOL  OFFICERS  BEING  REQUIRED  TO  OBEY  HIS  IN- 
STRUCTIONS AND  HIS  INTERPRETATION  OF  THE  LAW.  HE  IS  REQUIRED 
TO  BE  ACQUAINTED  WITH  THE  EDUCATIONAL  CONDITION  OF  ALL  SEC- 
TIONS OF  THE  STATE,  AND  HE  MUST  ALSO  KEEP  IN  TOUCH  WITH  THE 
EDUCATIONAL  PROGRESS  OF  OTHER  STATES.* 

4089.  SHALL  EQUIP  OFFICE,  PRINT  AND  CIRCULATE  SCHOOL  LAW, 
SUPERINTEND  PUBLIC  SCHOOLS.  The  Superintendent  of  Public  In- 
struction of  North  Carolina  shall  have  the  school  laws  published 
in  pamphlet  form  and  distributed  on  or  before  the  first  day  of 
May  of  each  year.  He  shall  send  to  each  officer  a  circular  letter 
enumerating  his  duties  as  prescribed  in  this  chapter.  He  shall 
have  printed  all  the  forms  necessary  and  proper  for  the  purposes 


*In  addition  to  these  general  duties,  the  State  Superintendent  has  the  follow- 
ing duties:  Supervision  and  control  of  normal  department  of  Cullowhee  High 
School,  Rev.  1905,  4228;  secretary  Text-book  Commission,  Rev.  1905,  4057;  trustee 
of  State  Library,  Rev.  1905,  5069;  president  of  board  of  directors  State  Normal 
and  Industrial  College,  Rev.  1905,  4252;  chairman  of  trustees  of  East  Carolina 
Training  School,  Laws  1907;  chairman  State  Board  of  Examiners,  Laws  1907; 
prescribes  course  of  study  for  public  high  schools,  Laws  1907;  makes  rules  and 
regulations  for  rural  libraries,  Rev.  1905,  4175;  and  member  board  of  trustees  of 
Appalachian  Training  School,  Laws  1907. 


28  SECTIONS  4090-92. 

of  this  chapter,  and  he  is  hereby  authorized  to  have  printed  as 
other  public  printing  and  distributed  such  educational  bulletins 
as  he  shall  deem  necessary  for  the  professional  improvement  of 
teachers  and  for  the  cultivation  of  public  sentiment  for  public  edu- 
cation, and  shall  look  after  the  school  interests  of  the  State,  and 
report  biennially  to  the  Governor,  at  least  five  days  previous  to 
each  regular  session  of  the  General  Assembly,  which  report  shall 
give  information  and  statistics  of  the  public  schools  and  recom- 
mend such  improvements  in  the  school  law  as  may  occur  to  him. 
He  shall  keep  his  office  at  the  seat  of  government,  and  shall  sign 
all  requisitions  on  the  Auditor  for  the  payment  of  money  out  of 
the  State  Treasury  for  school  purposes.  Copies  of  his  acts  and 
decisions  and  of  all  papers  kept  in  his  office  and  authenticated  by 
his  signature  and  official  seal  shall  be  of  the  same  force  and  valid- 
ity as  the  original.  He  shall  be  furnished  with  such  room,  fuel, 
and  stationery  as  shall  be  necessary  for  the  efficient  discharge  of 
the  duties  of  his  office. 
1909,  c.  525. 

4090.  SHALL  CONSTRUE  AND  ENFORCE  LAW  ;  ASCERTAIN  BEST  SCHOOL 
METHODS.    He  shall  direct  the  operations  of  the  system  of  public 
schools  and  enforce  the  laws  and  regulations  in  relation  thereto. 
The  county  board  of  education  and  all  other  school  officers  in  the 
several  counties  shall  obey  the  instructions  of  the  State  Superin- 
tendent and  accept  his  constructions  of  the  school  law.     It  shall 
be  his  duty  to  correspond  with  leading  educators  in  other  States 
and  to  investigate  systems  of  public  schools  established  in  other 
States,  and,  as  far  as  practicable,  render  the  results  of  educa- 
tional efforts  and  experiences  available  for  the  information  arid 
aid  of  the  Legislature  and  State  Board  of  Education. 

1901,  c.  4,  s.  8 ;  1903,  c.  435,  s.  1. 

4091.  SHALL  COUNSEL  COUNTY  BOARDS  ;  HOLD  INSTITUTES,  ETC.     It 
shall  be  his  duty  to  acquaint  himself  with  the  peculiar  educational 
wants  of  the  several  sections  of  the  State,  and  he  shall  take  all 
proper  means  to  supply  such  wants,  by  counseling  with  county 
boards  of  education  and  county  superintendents,  by  lectures  be- 
fore teachers'  institutes  and  by  addresses  to  public  assemblies  on 
subjects  relating  to  public  schools  and  public-school  work. 

1901,  c.  4,  s.  9. 

4092.  DUTIES  AS  TO  LOAN  FUND.    He  shall  go  to  any  county  when 
necessary  for  the  due  execution  of  the  law  creating  a  permanent 
loan  fund  for  the  erection  of  public-school  houses.     He  shall  in- 


SECTION  4093.  29 

elude  in  his  annual  reports  a  full  showing  of  everything  done  un- 
der the  provisions  of  the  law  creating  the  permanent  loan  fund 
for  the  erection  of  public-school  buildings. 
1903,  c.  751,  ss.  11,  12. 

VI.     SCHOOL  FUNDS  PROVIDED  BY  THE  STATE. 
Summary:     1.  THE  INCOME  OF  THE  PERMANENT  SCHOOL  FUNB,  OB 

LITERARY     FUND,     CONSISTS     OF     THE    PROCEEDS     OF     THE    FOLLOWING  I 
(d)     LAND     GRANTS     FROM     UNITED     STATES;      (6)      MONEYS,     STOCKS, 

BONDS;  (c)  SALES  OF  SWAMP  LANDS;  (d)  GRANTS,  GIFTS  OR  DEVISES. 

ALL  THESE  SOURCES  OF  INCOME  ARE  AT  PRESENT  UNPRODUCTIVE  EXCEPT 

(c).     THE   STATE  BOARD  OF  EDUCATION  NOW  USES  THE  LITERARY 

FUND    TO   AH)    IN    BUILDING    SCHOOLHOUSES,    WHICH    MAKES    INOPERA- 
TIVE SECTIONS  4094-4096  BELOW.     SEE  SECTIONS  4053-56. 

2.  THE  ANNUAL  STATE  APPROPRIATION  OF  $125,000  FOR  PUBLIC 
SCHOOLS,  DISTRIBUTED  PER  CAPITA  ACCORDING  TO  SCHOOL  POPULATION, 
AND  AN  ADDITIONAL  ANNUAL  APPROPRIATION  OF  $100,000  FOR  THE 
PURPOSE  OF  SECURING  A  FOUR-MONTHS  SCHOOL  IN  ALL  THE  SCHOOL 
DISTRICTS  OF  THE  STATE* — IN  ALL,  $225,000  ANNUALLY. 

4093.  SPECIAL  PERMANENT  FUND.  The  proceeds  of  all  lands  that 
have  been  or  may  hereafter  be  granted  by  the  United  States  to 
this  State  and  not  otherwise  appropriated  by  this  State  or  the 
United  States;  also  all  moneys,  stocks,  bonds  and  any  other  prop- 
erty now  belonging  to  any  State  fund  for  the  purposes  of  educa- 
tion ;  also  the  net  proceeds  of  sales  of  swamp  lands  belonging  to 
the  State,  and  all  other  grants,  gifts  or  devises  that  have  been 
made  or  hereafter  may  be  made  to  this  State  and  not  otherwise 
appropriated  by  this  State  or  by  the  terms  of  the  grant,  gift  or 
devise,  shall  be  paid  into  the  State  Treasury,  and,  together  with 
so  much  of  the  ordinary  revenue  of  the  State  as  may  be  set  apart 
for  that  purpose,  shall  be  faithfully  appropriated  for  establishing 
and  maintaining  a  system  of  free  public  schools,  as  established  in 
pursuance  of  the  Constitution,  and  for  no  other  purpose  what- 
soever. And  all  funds  of  the  State  heretofore  derived  from  the 
sources  enumerated  in  section  four,  article  nine  of  the  State  Con- 
stitution, and  all  funds  that  may  be  hereafter  so  derived,  together 
with  any  interest  that  may  accrue  thereon,  shall  be  a  fund  sepa- 
rate and  distinct  from  the  other  funds  of  the  State,  to  be  known 
as  the  State  literary  fund. 

Const.,  Art.  IX,  s.  4 ;  1901,  c.  4,  s.  4 ;  1903,  c.  567,  s.  1. 


*The  sum  of  $7,500  for  the  establishment  of  rural  libraries  is  deducted  bien- 
nially from  this  additional  $100,000.  The  total  literary  fund  now  amounts  to 
$456,470.50. 


30  SECTIONS  4094-97. 

4094.  APPORTIONMENT  OF  INCOME  OF  SCHOOL  FUND.    The   State 
Board  of  Education  shall,  on  the  first  Monday  in  August  of  each 
and  every  year,  apportion  among  the  several  counties  of  the  State 
all  the  school  funds  which  may  be  then  in  the  treasury  of  the 
board  and  order  a  warrant  for  the  full  apportionment  to  each 
county,  which  apportionment  shall  be  made  on  the  basis  of  the 
school  population ;  but  no  part  of  the  permanent  school  fund  shall 
be  apportioned  or  distributed,  but  only  the  income  therefrom.    The 
State  Auditor  shall  keep  a  separate  and  distinct  account  of  the 
public-school  funds  and  of  the  income  and  interest  thereof,  and 
also  of  such  moneys  as  may  be  raised  by  State,  county  and  capita- 
tion tax,  or  otherwise,  for  school  purposes. 

1901,  c.  4,  s.  1. 

4095.  APPORTIONMENT,  HOW  PAID.     Upon  the  receipt  of  the  requi- 
sition of  the  treasurer  of  any  county,  duly  approved  by  the  chair- 
man and  secretary  of  the  county  board  of  education,  for  the  school 
fund  which  may  have  been  apportioned  to  such  county,  the  State 
Board  of  Education  shall  issue  its  warrant  on  the  State  Auditor 
for  the  sum  due  such  county,  whereupon  the  Auditor  shall  draw 
his  warrant  on  the  treasurer  of  the  State  Board  of  Education  in 
favor  of  such  county  treasurer  for  the  amount  set  forth  in  the 
warrant  of  the  State  Board. 

1901,  c.  4,  s.  2. 

4096.  WARRANTS,  HOW  DRAWN  AND  ENDORSED.     The  State  Treas- 
urer shall  receive  and  hold  as  a  special  deposit  all  school  funds 
paid  into  the  treasury,  and  pay  them  out  only  on  the  warrant  of 
the  Auditor,  issued  on  the  order  of  the  State  Board  of  Education 
in  favor  of  a  county  treasurer,  duly  endorsed  by  the  county  treas- 
urer in  whose  favor  it  is  drawn,  and  it  shall  be  the  only  valid 
voucher  in  the  hands  of  the  State  Treasurer  for  the  disbursement 
of  school  funds. 

1901,  c.  4,  s.  3. 

4097.  ANNUAL   APPROPRIATION    FOR   DISTRIBUTION.     One   hundred 
and  twenty-five  thousand  dollars  is  hereby  appropriated  annually 
out  of  the  State  Treasury  for  the  benefit  of  the  public  schools,  to 
be  distributed  to  the  respective  counties  of  the  State,  per  capita  as 
to  school  population,  on  the  first  Monday  in  January  of  each  year, 
using  the  school  census  of  the  previous  scholastic  year  as  a  basis 
of  apportionment:     Provided,  that  the  State  Board  of  Education 
may  deduct  annually  from  said  appropriation  or  from  any  other 


SECTIONS  4098-4105.  31 

appropriation  out  of  the  State  Treasury  for  public  schools  an 
amount  not  to  exceed  one  thousand  two  hundred  dollars,  to  be  used 
in  part  payment  of  the  salary  and  expenses  of  the  Superintendent 
of  the  State  Colored  Normal  Schools  and  inspector  and  director 
of  the  county  institutes  and  teacher-training  work  of  the  State,  to 
be  paid  by  the  State  Treasurer  only  upon  the  warrant  of  the  State 
Auditor,  issued  upon  requisition  of  the  State  Superintendent  of 
Public  Instruction. 

1901,  c.  543,  s.  1 ;  1909,  c.  779. 

4098.  WARRANTS,  HOW  DRAWN.  The  Superintendent  of  Public  In- 
struction shall  issue  warrants  upon  the  State  Auditor  for  the 
amount  due  each  county  under  the  next  preceding  section,  such 
warrants  to  be  drawn  in  favor  of  the  county  treasurer  of  each 
county,  to  be  credited  to  the  general  public  school  fund  of  the 
county. 

1901,  c.  543,  s.  2. 

4099-4105  (SUBSTITUTE  FOR).  One  hundred  thousand  dollars  is 
hereby  appropriated  annually  out  of  the  State  Treasury  for  the 
benefit  of  the  public  schools,  to  be  apportioned  by  the  State  Board 
of  Education  as  follows :  The  treasurer  of  the  county  school  fund 
and  the  county  superintendent  of  public  instruction  of  each  county 
in  which  a  special  tax  has  been  levied  by  the  county  commis- 
sioners thereof  to  maintain  one  or  more  public  schools  in  each 
school  district  of  said  county  for  a  period  of  four  months  in  each 
year  shall  make  affidavit  to  the  State  Superintendent  of  Public 
Instruction,  on  or  before  the  second  Monday  in  January  of  each 
year,  stating  the  rate  of  the  special  tax  so  levied  by  said  commis- 
sioners in  June  of  the  preceding  year,  and  said  affidavit  shall  be 
accompanied  with  a  certified  copy  of  the  itemized  statement  sub- 
mitted by  the  county  board  of  education  to  the  coujity  commission- 
ers in  accordance  with  which  said  levy  of  said  special  tax  for 
schools  was  made,  signed  by  the  chairman  of  the  county  board  of 
education  and  the  county  superintendent  of  public  instruction,  and 
such  further  information  about  the  receipts  and  expenditures  and 
apportionment  of  the  school  fund  in  said  county  as  may  be  re- 
quired by  the  State  Superintendent  of  Public  Instruction;  and 
thereupon  the  State  Board  of  Education  shall  apportion  to  said 
county  from  said  appropriation  a  sum  of  money  equal  to  the 
amount  so  levied  and  to  be  derived  from  said  special  tax:  Pro- 
vided, that  if  in  any  county  that  has  levied  a  maximum  special  tax 
of  five  cents  on  the  one  hundred  dollars  valuation  of  property  and 


32  SECTION  4106. 

fifteen  cents  on  the  poll  the  funds  are  still  insufficient  to  maintain 
in  every  school  district  one  or  more  public  schools  for  at  least  four 
months,  an  additional  apportionment  shall  be  made  to  said  county 
of  the  additional  amount  necessary  to  provide  a  four-months  school 
term  in  every  school  district  in  such  county.  The  State  Superin- 
tendent of  Public  Instruction  shall  issue  a  requisition  on  the  State 
Auditor  for  the  amount  so  apportioned  to  any  county,  who  shall 
issue  his  warrant  in  favor  of  the  county  treasurer  of  said  county 
for  said  amount,  and  the  money  shall  be  placed  by  said  treasurer 
to  the  credit  of  the  general  public  school  fund  of  the  county,  to  be 
used,  first  for  providing  a  four-months  school  term  in  every  school 
district,  and  any  balance  to  be  used  for  equalizing,  as  nearly  as 
may  be,  the  terms  of  all  the  public  schools  of  said  county.  The 
balance  of  the  State  appropriation  of  one  hundred  thousand  dollars 
herein  provided  shall  be  apportioned  by  the  State  Board  of  Educa- 
tion to  the  respective  counties  of  the  State,  per  capita  as  to  school 
population,  as  provided  for  the  apportionment  of  the  one  hundred 
thousand  dollars  appropriated  under  section  four  thousand  and 
ninety-seven  of  the  Revisal  of  one  thousand  nine  hundred  and  five 
of  North  Carolina:  Provided  further,  that  the  State  Board  of 
Education  shall  deduct  from  said  appropriation  biennially  the  sum 
of  seven  thousand  five  hundred  dollars  for  rural  libraries,  as  pro- 
vided in  section  four  thousand  one  hundred  and  seventy-nine  of 
the  Revisal  of  one  thousand  nine  hundred  and  five  of  North  Caro- 
lina. That  no  county  needing  aid  from  this  appropriation  for  a 
four-months  school  term  in  every  district  shall  receive  any  funds 
therefrom  until  it  shall  have  levied  the  special  tax  herein  required 
of  it  for  that  purpose. 
1909,  c.  508. 

4106.  EXCESSIVE  APPROPRIATIONS  FOE  SCHOOLHOUSES  EXCLUDE  FBOM 
BENEFITS  OF  THIS  suBCHAPTEE.  No  appropriation  shall  be  made  to 
any  county  wherein  has  been  expended  or  set  aside  during  the 
fiscal  year  for  the  purpose  of  building  schoolhouses  a  percentage 
of  the  total  school  fund  of  such  county  greater  than  the  following : 
In  counties  with  a  total  school  fund  of  five  thousand  dollars  or 
less,  not  to  exceed  twenty  per  centum  thereof;  in  counties  with  a 
total  school  fund  of  over  five  thousand  dollars  and  not  more  than 
ten  thousand  dollars,  not  to  exceed  sixteen  per  centum  thereof; 
in  counties  with  a  total  school  fund  of  over  ten  thousand  dollars 
and  not  more  than  twenty-five  thousand  dollars,  not  to  exceed  ten 
per  centum  thereof;  in  counties  with  a  total  school  fund  of  over 


SECTION  4107.  33 

twenty-five  thousand  dollars,  not  to  exceed  seven  and  one-half  per 
centum  thereof.  Nor  shall  any  appropriation  be  made  under  this 
subchapter  to  any  county  if  it  appear  that  the  requirements  of  the 
school  law  in  regard  to  the  apportionment  of  funds  to  the  various 
districts  have  not  been  complied  with  in  all  respects. 
1903,  c.  751,  s.  10. 

VII.  SCHOOL  FUNDS  PROVIDED  BY  COUNTY  AND  LOCAL 
TAXATION  AND  APPORTIONMENT  OF  THE  SAME. 

Summary:  1.  THE  PROCEEDS  OF  THE  SALE  OF  ESTRAYS  ;  ALL  FINES, 
PENALTIES  AND  FORFEITURES  ;  LIQUOR  LICENSE  TAXES  AND  AUCTION- 
EERS' LICENSE  TAX. 

2.  THE  PROCEEDS  OF  THREE-FOURTHS  OF  THE  GENERAL  POLL  TAX, 

THE    MAXIMUM    OF    WHICH    IS   TWO    DOLLARS,    ON    ALL    MALE    PERSONS 

BETWEEN  TWENTY-ONE  AND  FIFTY  YEARS  OF  AGE.* 

3.  THE  PROCEEDS  OF  AN  18  CENTS  TAX  ON  EACH  $100  ASSESSED 
VALUATION  OF  REAL  AND  PERSONAL  PROPERTY.* 

4.  THE  PROCEEDS  OF  A  MAXIMUM  SPECIAL  TAX  OF  30  CENTS  ON 
EACH  $100  ASSESSED  VALUATION  OF  PROPERTY  AND  90  CENTS  ON  EACH 
POLL  MAY  BE  LEVIED  BY  A  MAJORITY  VOTE  OF  THE  QUALIFIED  VOTERS 
OF  ANY  INCORPORATED  TOWN  OR  SCHOOL  DISTRICT. 

5.  THE  PROCEEDS  OF  A  MAXIMUM  TOWNSHIP  HIGH-SCHOOL  TAX  OF 

30    CENTS    ON    EACH    $100    ASSESSED   VALUATION    OF    PROPERTY    AND    90 

CENTS  ON  EACH  POLL  MAY  BE  LEVIED  BY.  A  MAJORITY  VOTE  OF  THE 
QUALIFIED  VOTERS  OF  ANY  TOWNSHIP. 

6.  THE  PROCEEDS  OF  SUCH  SPECIAL  SCHOOL  TAX  AS  ANY  TOWN  OB 
CITY  BY  ITS  CHARTER  OR  BY  A  SPECIAL  ACT  OF  THE  GENERAL  ASSEM- 
BLY   MAY    ACQUIRE   THE   RIGHT    TO   LEVY    BY   THE    APPROVAL   OF   A    MA- 
JORITY OF  ITS  QUALIFIED  VOTERS. 

THE  APPORTIONMENT  OF  THE  PROCEEDS  OF  THE  STATE  FUNDS  AND 
THOSE  INCLUDED  IN  1-3  ABOVE  IS  CONTROLLED  BY  THE  COUNTY  BOARDS 
OF  EDUCATION,  ACCORDING  TO  SECTION  4116,  BELOW  ;  ALL  OTHER  SCHOOL 
FUNDS  ARE  ENTIRELY  UNDER  THE  CONTROL  OF  THE  LOCAL  SCHOOL  COM- 
MITTEES OR  BOARDS  OF  EDUCATION. 

4107.  COUNTY  EDUCATIONAL  FUND  FOR  FREE  PUBLIC  SCHOOLS.  All 
moneys,  stocks,  bonds  and  other  property  belonging  to  a  county 
school  fund ;  also  the  net  proceeds  from  sales  of  estrays ;  also  the 
clear  proceeds  of  all  penalties  and  forfeitures,  and  of  all  fines 
collected  in  the  several  counties  for  any  breach  of  the  penal  or 
military  laws  of  the  State,  and  all  moneys  which  shall  be  paid 


*Revisal  1905,  sees.  5109  and  5110;  Constitution,  Art.  V,  sees.  1  and  2. 
5 


34  SECTIONS  4108-10. 

by  persons  as  equivalent  for  exemption  from  military  duties ;  also 
the  net  proceeds  of  any  tax  imposed  on  licenses  to  retailers  of 
wines,  cordials  or  spirituous  liquors,  and  to  auctioneers,  shall  be- 
long to  and  remain  in  the  several  counties  and  shall  be  faithfully 
appropriated  for  establishing  and  maintaining  free  public  schools 
in  the  several  counties  as  established  in  pursuance  of  the  Consti- 
tution. The  amount  collected  in  each  county  shall  be  reported  an- 
nually to  the  State  Superintendent  of  Public  Instruction. 
Const,  Art.  IX,  s.  5 ;  1901,  c.  4,  s.  5. 

4108.  COUNTY  OFFICERS  FILE  LIST  OF  FINES  AND  PENALTIES  WITH 
COUNTY  BOARD  OF  EDUCATION.     The  clerks  of  all  State  and  municipal 
courts  and  the  clerks  or  other  officials  having  in  custody  the  rec- 
ords of  any  city  or  town  in  the  State  shall  furnish  to  the  county 
board  of  education  of  their  respective  counties,  on  the  first  Mon- 
day of  July  and  January  of  each  year,  a  detailed  statement  of 
fines,  forfeitures  and  penalties  which  go  to  the  school  fund,  that 
have  been  imposed  or  which  have  accrued. 

1901,  c.  4,  s.  62. 

4109.  TAX  LISTS  TO  HAVE  SEPARATE  COLUMNS  FOR  SCHOOL  TAXES. 
The  Auditor  shall  include  on  the  form  which  he  furnishes  to  the 
board  of  county  commissioners,  and  on  which  the  tax  lists  are  to 
be  made  out,   separate  columns  for  school  poll  tax  and  school 
property  tax  and  for  special  county  and  district  taxes  on  property 
and  polls.     In  one  of  these  columns  shall  be  written  the  total  poll 
tax  levied  by  the  State  and  by  the  county  authorities  for  schools 
and  due  by  the  taxpayer.     In  the  other  column  shall  be  written 
the  total  property  tax   levied  by  the   State   and  by  the  county 
authorities  and  due  by  the  taxpayer. 

1901,  c.  4,  s.  60. 

4110.  REGISTER  OF  DEEDS  TO  FURNISH  ABSTRACTS  OF  TAX  LISTS  TO 
COUNTY  BOARD.     The  register  of  deeds  shall  furnish  to  the  county 
board  of  education,  as  soon  as  the  tax  lists  are  made  out,  an  ab- 
stract of  such  lists,  showing  in  separate  columns  the  total  amount 
of  poll  tax  on  such  lists,  and  also  the  total  amount  of  property 
tax  thereon,  and  also  in  another  column  the  amount  of  special 
county   and   district   poll   taxes,    and   in   a    separate   column   the 
amount  of  special  county  and  district  property  taxes;  and  shall 
furnish  such  other  information  from  his  office  as  the  county  board 
of  education  may  require. 

1901,  c.  4,  s.  61. 


SECTIONS  4111-12.  35 

4111.  SHERIFF'S  LIABILITY,  CIVIL  AND  CRIMINAL,  FOR  FAILURE  TO 
SETTLE  SCHOOL  TAX.  The  sheriff  of  each  county  shall  pay  annually 
in  money  to  the  treasurer  of  the  county  school  fund,  on  or  before 
the  thirty-first  day  of  December  of  each  year,  the  whole  amount 
for  school  purposes  collected  by  both  State  and  county,  less  his 
lawful  commission  for  collecting  the  same,  and  such  sum  as  may 
be  allowed  on  account  of  insolvents  for  the  current  year,  and  on 
failing  to  do  so  shall  be  liable  to  an  action  on  his  official  bond  for 
his  default  in  such  sum  as  will  cover  such  default,  such  action 
to  be  brought  to  the  next  ensuing  term  of  the  Superior  Court  in 
the  name  of  the  State  upon  the  relation  of  the  board  of  county 
commissioners.  In  making  settlement  with  the  treasurer  the 
sheriff  or  tax  collector  shall  make  separate  account  of  insolvents 
and  delinquents  allowed,  whether  on  property  or  capitation  tax. 
The  county  superintendent  shall  make  copies  of  the  fines  and  pen- 
alties reported  by  justices  of  the  peace  and  reported  to  clerk  of 
Superior  Court,  and  file  the  same  with  the  county  board. 

Code,  s.  723 ;  1901,  c.  4,  s.  54 ;  1905,  c.  533,  s.  20. 

4112  (SUBSTITUTE  FOR).  On  or  before  the  first  Monday  in  June 
of  each  and  every  year  the  county  board  of  education  of  each 
county  shall  ascertain  the  amount  of  money  that  will  be  needed 
to  maintain  the  public  schools  of  such  county  for  four  months  dur- 
ing the  succeeding  school  year.  The  board  of  education,  using  as 
a  basis  the  receipts  for  school  purposes  during  the  current  school 
year  ending  June  thirtieth,  shall  ascertain  the  amount  that  will 
be  available  for  school  purposes  from  the  regular  school  tax,  from 
fines  and  penalties  and  from  the  amount  appropriated  under  sec- 
tion four  thousand  and  ninety-seven  of  the  Revisal  of  one  thou- 
sand nine  hundred  and  five  of  North  Carolina.  If  the  amount  to 
be  received  is  less  than  the  amount  ascertained  to  be  needed,  the 
board  of  education  shall  submit  a  statement  of  the  above  facts  to 
the  board  of  county  commissioners  of  such  county ;  and  it  shall  be 
the  duty  of  the  board  of  county  commissioners  to  levy  a  special 
tax  on  all  property  and  polls  in  said  county  to  supply  one-half  the 
deficiency  for  the  support  and  maintenance  of  the  public  schools 
of  such  county  for  four  months:  Provided,  that  this  special  tax 
shall  not  be  less  than  one  cent  on  the  one  hundred  dollars  valua- 
tion of  property  and  three  cents  on  each  poll,  nor  more  than  five 
cents  on  the  one  hundred  dollars  valuation  of  property  and  fifteen 
cents  on  each  poll  in  any  county.  This  tax  shall  be  levied  and 
collected  as  other  county  taxes  are  levied  and  collected,  and  the 


36  SECTION  4113. 

funds  thus  raised  shall  be  expended  in  such  manner  as  the  county 
board  of  education  may  determine  for  maintaining  one  or  more 
public  schools  in  each  school  district  for  four  months  in  each 
year.  The  calculation  of  the  amount  that  will  be  necessary  shall 
state  separately  the  amounts  needed  for  supervision,  for  adminis- 
tration, for  buildings  and  repairs,  for  expenses  (this  to  be  item- 
ized) and  for  salaries  of  teachers.  The  limitation  placed  by  law 
on  each  of  these  objects  shall  not  be  exceeded.  The  county  board 
of  education  shall  further  state  the  number  of  teachers,  white  and 
colored,  to  be  employed  in  each  district,  and  the  salary  of  each 
teacher  in  each  district,  and  the  average  of  salaries  to  be  paid, 
according  to  this  statement,  shall  not  exceed  the  average  salaries 
paid  in  the  State  during  the  preceding  year  for  white  teachers 
and  colored  teachers,  respectively.  In  the  event  of  a  disagreement 
between  the  county  board  of  education  and  the  board  of  county 
commissioners  as  to  the  rate  of  tax  to  be  levied,  the  county  board 
of  education  may  bring  an  action  in  the  nature  of  mandamus 
against  the  board  of  county  commissioners  to  compel  the  levy  of 
such  special  tax  in  the  manner  and  form  as  provided  in  sections 
eight  hundred  and  twenty-two  and  eight  hundred  arid  twenty-four 
of  the  Revisal  of  one  thousand  nine  hundred  and  five  of  North 
Carolina,  and  it  shall  be  the  duty  of  the  judge  hearing  the  same 
to  find  the  facts  as  to  the  amount  needed  and  the  amount  available 
from  the  sources  herein  specified,  which  finding  shall  be  conclusive, 
and  to  give  judgment,  requiring  the  county  commissioners  to  levy 
the  sum  which  he  shall  find  necessary  to  maintain  the  schools  for 
four  months  in  said  county. 
1909,  c.  508. 

4113.  SPECIAL  TAX  MAY  BE  VOTED  FOB  TOWNSHIP  HIGH  SCHOOLS. 
In  any  township,  upon  petition  of  one-fourth  of  the  freeholders  of 
the  township,  approved  by  the  county  board  of  education,  the 
board  of  county  commissioners,  after  thirty  days'  notice  at  the 
courthouse  door  and  three  public  places  in  the  township,  shall 
hold  an  election  to  ascertain  the  will  of  the  people  within  the 
township  whether  there  shall  be  levied  in  said  township  a  special 
annual  tax  of  not  less  than  ten  cents  nor  more  than  thirty  cents 
on  the  one  hundred  dollars  valuation  of  property  and  not  less 
than  thirty  cents  nor  more  than  ninety  cents  on  each  poll,  in  addi- 
tion to  all  other  taxes  levied  for  all  other  purposes,  to  be  used 
for  the  establishment  of  a  central  high  school  or  high  schools  in 
said  township,  in  case  such  special  tax  is  voted.  The  board  of 


SECTION  4113.  37 

county  commissioners  shall  appoint  a  registrar  and  order  a  new 
registration  for  said  township,  and  said  election  shall  be  held  in 
the  said  township  under  the  law  governing  general  elections,  as 
nearly  as  may  be,  and  the  expenses  of  such  election  shall  be  paid 
out  of  the  general  county  school  fund.  At  said  election  those 
who  are  in  favor  of  the  levy  and  collection  of  said  tax  shall  vote 
a  ticket  on  which  shall  be  printed  or  written  the  words  "For 
High-school  Tax,"  and  those  who  are  opposed  shall  vote  a  ticket 
on  which  shall  be  printed  or  written  the  words  "Against  High- 
school  Tax."  In  case  a  majority  of  the  qualified  voters  at  said 
election  are  in  favor  of  said  tax,  then  so  much  of  the  tax  on 
property  and  polls  herein  provided  for  as  in  the  judgment  of  the 
committee  may  be  necessary  shall  be  annually  levied  and  collected 
in  the  manner  prescribed  for  the  levy  and  collection  of  other 
taxes.  All  moneys  levied  under  the  provisions  of  this  section 
shall,  upon  collection,  be  placed  by  the  treasurer  of  the  county 
school  fund  to  the  credit  of  the  township  high-school  committee, 
composed  of  three  members,  appointed  by  the  county  board  of  edu- 
cation, and  shall  be  expended  exclusively  by  said  committee  in 
establishing  and  maintaining  one  or  more  high  schools  in  said 
township,  under  such  rules  and  regulations  as  to  its  conduct  and 
such  course  or  courses  of  study  as  shall  be  prescribed  by  the  State 
Superintendent  of  Public  Instruction.  The  powers,  duties  and 
qualifications  of  the  committeemen  provided  for  in  this  section 
shall  be  similar  to  those  of  other  school  committeemen,  and  they 
shall  have  the  same  power  to  apportion  the  funds  so  raised  as  is 
conferred  upon  the  county  board  of  education  for  apportionment 
of  the  general  fund  among  the  schools  of  the  township.  And  the 
provisions  of  this  section  shall  not  be  so  construed  as  to  prevent 
the  teaching  of  the  elementary  branches  in  such  high  schools  as 
may  be  established,  nor  so  construed  as  to  prevent  the  county 
board  of  education  from  making  such  apportionment  of  public 
school  funds  to  such  high  schools  as  they  may  deem  equitable  and 
just:  Provided,  that  township  high  schools  may  also  be  estab- 
lished without  the  levying  of  a  special  high-school  township  tax, 
where  the  public  funds  are  sufficient  for  that  purpose,  under  such 
rules  and  regulations  as  to  organization  and  course  of  study  as 
the  State  Superintendent  of  Public  Instruction  shall  prescribe: 
Provided  further,  that  high-school  subjects  may  be  taught  in  all 
public  schools  employing  more  than  one  teacher,  according  to  such 
rules  and  regulations  as  to  organization  and  course  of  study  as 
shall  be  prescribed  by  the  State  Superintendent  of  Public  Instruc- 


38  SECTIONS  4114-15. 

tion,  where  the  public  funds  are  sufficient  to  provide  for  such 
teaching;  but  the  high-school  branches  taught  in  such  schools 
shall  not  interfere  with  the  thorough  teaching  of  the  elementary 
branches. 

1905,  c.  533,  s.  13. 

4114.  SPECIAL  TAX  MAY  BE  VOTED  IN  CITIES  AND  TOWNS.     In  every 
incorporated  city  or  town  in  which  there  is  not  now  levied  a 
special  tax  for  schools,  upon  a  petition  signed  by  one-fourth  of  the 
freeholders  therein,  the  board  of  aldermen  or  town  commissioners 
of  said  city  or  town  shall,  at  the  date  of  municipal  or  general 
election  next  ensuing,  upon  the  presentation  of  said  petition,  order 
an  election  to  be  held  to  ascertain  the  will  of  the  people  whether 
there  shall  be  levied  in  such  city  or  town  a  special  annual  tax  of 
not  more  than  thirty  cents  on  the  one  hundred  dollars  valuation  of 
property  and  ninety  cents  on  the  poll  to  supplement  the  public- 
school  fund  in  such  city  or  town.     Said  election  shall  be  held  in  the 
different   election   precincts   or   wards   under   the   law  governing 
municipal  or  general  elections  in  said  cities  or  towns.     At  said 
election  those  who  are  in  favor  of  the  levy  and  collection  of  said 
tax  shall  vote  a  ticket  on  which  shall  be  printed  or  written  the 
words  "For  Special  Tax,"  and  those  who  are  opposed  shall  vote  a 
ticket  on  which  shall  be  printed  or  written  the  words  "Against 
Special  Tax."     In  case  a  majority  of  the  qualified  voters  at  said 
election  is  in  favor  of  said  tax,  the  same  shall  be  annually  levied 
and  collected  in  such  town  or  city  in  the  manner  prescribed  for  the 
levy  and  collection  of  other  city  taxes.    All  moneys  levied  under 
the  provisions  of  this  section  shall,  upon  collection,  be  placed  to 
the  credit  of  the  town  school  committee,  composed  of  not  less  than 
five  nor  more  than  seven  members,  appointed  by  the  board  of  alder- 
men for  said  city  or  town,  and  shall  be  by  said  committee  expended 
exclusively  upon  the  public  schools  in  said  city  or  town ;  and  there 
shall  be  but  one  school  district  in  the  said  city  or  town,  in  which 
there  may  be  established  one  or  more  schools  for  each  race,  and 
the  school  committee  shall  apportion  the  money  among  said  schools 
in  such  manner  as  in  their  judgment  will  equalize  school  facilities. 

1901,  c.  4,  s.  71. 

4115.  SPECIAL  TAX  MAY  BE  VOTED  IN  SPECIAL  SCHOOL  DISTRICTS. 
Special  school-tax  districts  may  be  formed  by  the  county  board 
of  education  in  any  county,  without  regard  to  township   lines, 
under  the  following  conditions:     Upon  a  petition  of  one-fourth  of 
the  freeholders  within  the  proposed  special  school  district,  in  whose 


SECTION  4115.  39 

names  real  estate  in  such  district  is  listed  in  the  tax  lists  of  the 
current  fiscal  year,  endorsed  by  the  county  board  of  education,  the 
board  of  county  commissioners,  after  thirty  days'  notice  at  the 
courthouse  door  and  three  public  places  in  the  proposed  district, 
shall  hold  an  election  to  ascertain  the  will  of  the  people  within  the 
proposed  special  school  district  whether  there  shall  be  levied  in 
such  district  a  special  annual  tax  of  not  more  than  thirty  cents  on 
the  one  hundred  dollars  valuation  of  property  and  ninety  cents  on 
the  poll  to  supplement  the  public-school  fund  which  may  be  ap- 
portioned to  such  district  by  the  county  board  of  education  in  case 
such  special  tax  is  voted.  The  board  of  county  commissioners 
shall  appoint  a  registrar  and  two  pollholders,  and  shall  designate 
a  polling  place  and  order  a  new  registration  for  such  district,  and 
the  election  shall  be  held  in  the  district  under  the  law  governing 
general  elections,  as  near  as  may  be,  and  the  registrar  and  poll- 
holders  shall  canvass  the  vote  cast  and  declare  the  result,  and  shall 
duly  certify  the  returns  to  the  board  of  county  commissioners,  and 
the  same  shall  be  recorded  in  the  records  of  said  board  of  commis- 
sioners: Provided,  the  expense  of  holding  said  election  shall  be 
paid  out  of  the  general  school  fund  of  the  county.  At  such  election 
those  who  are  in  favor  of  the  levy  and  collection  of  the  tax  shall 
vote  a  ticket  on  which  shall  be  printed  or  written  the  words  "For 
Special  Tax,"  and  those  who  are  opposed  shall  vote  a  ticket  on 
which  shall  be  printed  or  written  the  words  "Against  Special  Tax." 
In  case  a  majority  of  the  qualified  voters  at  the  election  is  in 
favor  of  the  tax,  the  same  shall  be  annually  levied  and  collected 
in  the  manner  prescribed  for  the  levy  and  collection  of  other  taxes. 
All  moneys  levied  under  the  provisions  of  this  section  shall,  upon 
collection,  be  placed  to  the  credit  of  the  school  committee  in  such 
district,  which  committee  shall  be  appointed  by  the  county  board 
of  education,  and  such  school  committee  shall  apportion  the  money 
among  the  schools  in  such  district  in  such  manner  as  in  its  judg- 
ment shall  equalize  school  facilities.  Upon  the  written  request  of 
a  majority  of  the  Committee  or  trustees  of  any  special-tax  district, 
the  county  board  of  education  may  enlarge  the  boundaries  of  any 
special-tax  district  established  under  this  section,  or  by  special  act 
or  charter  of  the  General  Assembly  of  North  Carolina,  so  as  to  in- 
clude any  contiguous  territory,  and  an  election  in  such  new  terri- 
tory may  be  ordered  and  held  in  the  same  manner  as  prescribed  in 
this  section  for  elections  in  special-tax  districts;  and  in  case  a 
majority  of  the  qualified  voters  in  such  new  territory  shall  vote  at 
such  election  in  favor  of  a  special  tax  of  the  same  rate  as  that 


40  SECTION  4116. 

voted  and  levied  in  the  special-tax  district  to  which  said  territory 
is  contiguous,  then  the  new  territory  shall  be  added  to  and  become 
a  part  of  the  said  special-tax  district ;  and  in  case  a  majority  of 
the  qualified  voters  at  such  election  shall  vote  against  said  tax,  the 
district  shall  not  be  enlarged.  Upon  petition  of  two-thirds  of  the 
qualified  voters  residing  in  any  special-tax  district  established 
under  this  section,  endorsed  and  approved  by.  the  county  board 
of  education,  the  board  of  county  commissioners  shall  order  an- 
other election  in  said  district  for  submitting  the  question  of  re- 
voking said  tax  and  abolishing  said  district,  to  be  held  under  the 
provisions  prescribed  in  this  section  for  holding  other  elections: 
Provided,  that  no  election  for  revoking  a  special  tax  in  any  special- 
tax  district  shall  be  ordered  and  held  in  said  district  within  less 
than  two  years  from  the  date  of  the  election  at  which  the  tax  was 
voted  and  the  district  established,  nor  at  any  time  within  less 
than  two  years  after  the  date  of  the  last  election  on  said  question 
in  said  district;  and  no  petition  revoking  such  tax  shall  be  ap- 
proved by  the  county  board  of  education  oftener  than  once  in  two 
years,  and  if  at  such  election  a  majority  of  the  qualified  voters  in 
said  district  shall  vote  "Against  Special  Tax,"  said  tax  shall  be 
deemed  revoked  and  shall  not  be  levied,  and  said  district  shall  be 
discontinued:  Provided  further,  that  the  provisions  for  ordering 
a  new  election  to  revoke  a  special  tax  in  any  special-tax  distrfcf 
shall  not  apply  to  elections  in  such  districts  for  increasing  or 
restoring  the  special-tax  levy  in  such  district,  which  elections  may 
be  ordered  and  held  at  any  time  in  accordance  with  the  provisions 
of  this  section  for  establishing  new  special-tax  districts. 

1901,  c.  4,  s.  72;  1903,  c.  435,  s.  24;  1905,  c.  533,  s.  14;  1909, 
c.  525 ;  1911,  c.  135. 

4116.  APPORTIONMENT  OF  SCHOOL  FUNDS  ;  EESEEVATION  OF  CON- 
TINGENT FUND.  The  county  board  of  education  shall,  on  the  first 
Monday  in  January  and  the  first  Monday  in  July  of  each  year, 
apportion  the  school  fund  of  the  county  to  the  various  townships 
per  capita;  but  it  shall,  before  apportioning  the  school  fund  to 
the  various  townships,  reserve  as  a  contingent  fund  an  amount 
sufficient  to  pay  the  salary  of  the  county  superintendent  and 
per  diem  and  expenses  of  the  county  board  of  education,  and 
shall  set  aside  one-sixth,  if  necessary,  of  the  total  school  fund  to 
be  used  in  securing  a  four-months  school  term  in  every  school 
in  the  county ;  and  may  further  reserve  as  a  fund  for  building 
and  repairing  schoolhouses  and  for  equipment,  in  counties  with 
a  total  school  fund  of  five  thousand  dollars  or  less,  not  more 


SECTION  4116.  41 

\       * 

than  twenty  per  centum  thereof;  in  counties  with  a  total 
fund  of  over  five  thousand  dollars  and  not  more  than  ten 
sand  dollars,  not  more  than  sixteen  per  centum  thereof ;  in  coun- 
ties with  a  total  school  fund  of  over  ten  thousand  dollars  and  not 
more  than  twenty-five  thousand  dollars,  not  more  than  ten  per 
centum  thereof;  in  counties  with  a  total  school  fund  of  over 
twenty-five  thousand  dollars,  not  more  than  seven  and  a  half  per 
centum  thereof,  to  be  used  as  directed  in  section  four  thousand 
one  hundred  and  twenty-four.  It  shall  be  the  duty  of  the  county 
board  of  education  to  distribute  and  apportion  the  school-  money 
of  each  township  so  as  to  give  to  each  school  in  the  township  for 
each  race  the  same  length  of  school  term,  as  nearly  as  may  be, 
each  year.  In  making  such  apportionment  the  board  shall  have 
proper  regard  for  the  grade  of  work  to  be  done  and  the  qualifica- 
tions of  the  teachers  required  in  each  school  for  each  race.  As 
soon  as  the  apportionments  are  made,  it  shall  be  the  duty  of  the 
board  to  notify  the  school  committeeinen  and  the  treasurer  of  the 
county  school  fund  of  the  amount  apportioned  to  each  school,  des- 
ignating each  school  by  number,  and  stating  whether  for  white, 
colored  or  Indian,  and  naming  the  township  and  county.  Funds 
unused  by  any  district  during  any  year  shall,  if  still  unused  at 
the  January  meeting  subsequent  to  the  close  of  the  school  year,  be 
returned  to  the  general  school  fund  for  reapportionment,  unless 
such  district  shall  have  been  prevented  from  using  such  funds 
during  that  year  by  providential  or  other  unavoidable  causes. 
1901,  c.  4,  s.  24 ;  1903,  c.  435,  s.  9. 

[No  county  which  does  not  apportion  its  school  fund  according 
to  this  section  can  legally  ask  for  aid  -from  the  second  $100,000. 
The  apportionment  of  the  school  fund,  therefore,  strictly  accord- 
ing to  this  section,  is  highly  important.  The  following  are  the 
successive  steps  to  observe: 

1.  Determine,  first  of  all,  what  the  total  school  fund  is. 

2.  Next  reserve  the  contingent  fund  to  pay  the  salary  of  the 
county  superintendent  and  the  mileage,  per  diem  and  expenses 
of  the  county  board. 

3.  Reserve,  if  necessary,   what  may   be  needed  for  building, 
observing  that  the  amount  for  this  purpose  is  limited  according 
to  the  amount  of  the  total  fund. 

4.  Ascertain  the  school  population  of  the  whole  county,   and 
calculate  lohat  the  per  capita  is  for  each  child,  after  deducting 
the  sum  of  the  contingent  fund  and  the  building  fund. 

6 


42  SECTION  4116. 

5.  Multiply  the  per  capita  thus  found  by  the  whole  number  of 
children  in  each  township,  which  will  give  the  apportionment  due 
each  township. 

6.  Then  fix  the  salary  to  be  paid  the  teacher,  white  or  black, 
of  each  school  in  each  township,  and  also  fix  the  amount  of  inci- 
dental expenses  for  each  school.     The  sum  of  the  salary  for  the 
term  and  the  incidental  expenses  will  be  the  apportionment  to 
each  district. 

7.  After  this  has  been  done,  it  can  be  easily  ascertained  what 
townships,  if  any,  will  not  have  a  four-months  term,  and  what 
townships,  if  any,  will  have  more  than  a  four-months  term.    If 
no  township  can  thus  be  given  a  four-months  term,  the  apportion- 
ment is  then  complete;  but  if  it  is  found  that  some  townships  by 
this  method  will  have  more  than  a  four-months  term  and  some 
less,  then  as  much  of  the  school  fund  of  those  townships  which 
will  have  more  than  a  four-months  term  must  be  used  to  secure 
to  all  the  schools  of   the   other  townships   an  increased   school 
term  by  as  much  as  one-sixth  of  the  total  fund  apportioned  will 
increase  it.    In  other  words,  an  amount  equal  to  one-sixth  of  the 
total  fund  apportioned  as  above  directed,  if  necessary,  should  be 
taken  from,  the  apportionment  to  the  stronger  townships  which 
will  have  more  than  a  four-months  term  and  used  to  aid  the 
weaker  townships  to  have  as  nearly  as  possible  a  four-months 
term.     This  reserve  fund  should  be   taken  pro   rata  from   the 
stronger  townships  and  added  to  the  fund  of  the  weaker  town- 
ships so  as  to  equalize  the  school  term. 

8.  If  the  apportionment  made  by  adhering  to  the  instructions 
in  1  to  6  above  will  result  in  giving  all  the  schools  of  all  the  town- 
ships more  than  a  four-months  term,  but  will  give  to  some  town- 
ships a  much  longer  term  than  to  others,  then  it  is  the  spirit  of 
the  law  to  use  as  much  as  one-sixth  of  the  total  fund  apportioned 
to  equalize  the  school  term  in  the  weaker  townships. 

It  should  always  be  remembered  that  no  per  capita  apportion- 
ment of  the  school  fund  directly  to  the  district  is  a  legal  appor- 
tionment in  any  county,  under  this  section,  and  that  no  other 
method  of  apportionment  than  that  outlined  above  is  legal  and 
equitable.  For  instance,  if  one  first-grade  salary  is  fixed  for  a 
district  containing  sixty-five  children  of  school  age,  and  one  first- 
grade  salary  is  fixed  for  another  district  containing  forty-five 
children  of  school  age  in  the  same  township,  the  apportionment 
to  each  district  would  necessarily  have  to  be  the  same,  unless 
there  was  a  difference  in  the  necessary  incidental  expenses  or  in 
the  kind  of  first-grade  teacher  to  be  employed.  The  law  contem- 
plates only  an  apportionment  to  the  township  per  capita,  and  then 


SECTIONS  4117-18.  43 

such  a  distribution  of  the  funds  of  the  township  as  will  give  each 
district  in  the  township,  large  or  small  in  population,  the  same 
length  of  school  term.  This  cannot  be  done,  unless  the  board  fixes 
the  salary  to  be  paid  the  teacher  of  each  school  in  the  township 
and  apportions  the  school  fund  of  the  township  accordingly.  Of 
course,  it  would  be  entirely  proper  not  to  fix  the  same  salary  for 
every  first-grade  teacher,  without  regard  to  the  grade  of  work 
required  in  each  school  and  the  qualifications  of  individual  first- 
grade  teachers.  What  has  been  said  above  does  not  apply  to 
special  local-tax  funds  under  the  control  of  the  school  committees. 
And,  finally,  the  term  "weak  districts"  necessarily  applies  to  all 
the  districts  of  a  township,  for  there  can  otherwise  be  provided  no 
such  equality  of  school  term  in  the  townships  as  this  section  con- 
templates.'] 

4117.  APPORTIONMENT,  BASIS  OF.     The  semiannual  apportionment 
of  public-school  money  shall  be  based  upon  the  amounts  actually 
received  by  the  county  treasurer  from  all  sources  and  reported  by 
him  to  the  county  board  of  education,  as  required  by  this  chapter. 

1901,  c.  4,  s.  25. 

4118.  FISCAL  SCHOOL  YEAR.    The  fiscal  school  year  shall  begin 
on  the  first  day  of  July  and  close  on  the  thirtieth  day  of  June 
next  succeeding. 

1901,  c.  4,  sec.  67. 

A  Decision  of  the  Superintendent. 

Would  the  investment  of  the  proceeds  of  the  sale  of  old  school 
property  in  new  property  reduce  by  the  amount  of  such  proceeds 
the  part  of  the  general  county  school  fund  that  may  be  annually 
invested  in  school  building  sf 

The  purpose  of  limiting  the  amount  of  the  school  fund  that  can 
be  annually  expended  for  school  buildings  was  to  prevent  the 
hurtful  decrease  of  the  school  term.  Using  the  proceeds  of  the 
sale  of  old  school  property  for  new  and  better  property  is  simply 
exchanging  school  property,  and  need  not  be  accounted  for  in  the 
annual  apportionment  of  the  school  fund  of  the  county. 

VIII.     THE  POWERS  AND  DUTIES  OF  THE  COUNTY  BOARD 
OF  EDUCATION. 

Summary:     THE  COUNTY  BOARD  is  COMPOSED  OF  THREE  MEMBERS 

ELECTED  BY  THE  GENERAL  ASSEMBLY.  CORPORATE  POWERS  AS  TO  AC- 
QUIRING, HOLDING  AND  DISPOSING  OF  SCHOOL  PROPERTY  ARE  CON- 
FERRED ON  THIS  BOARD,  AND  IT  HAS  ADDITIONAL  POWER  TO  MAKE 


44  SECTION  4119. 

EEGULATIONS  GOVEKNING  THE  ATTENDANCE  OF  PUPILS  ON  THE  SCHOOLS 
AND  OF  TEACHERS  ON  EDUCATIONAL  MEETINGS.  -THIS  BOARD  ALSO 
CONTROLS  THE  TIME  THE  SCHOOLS  MAY  BE  IN  SESSION,  THE  BUILDING 
AND  REPAIR  OF  ALL  SCHOOLHOUSES,  AND  MAY  CREATE  OR  ABOLISH  OR 
CONSOLIDATE  SCHOOL  DISTRICTS.  IN  ADDITION  TO  THE  EXERCISE  OF 
THE  USUAL  CORPORATE  POWERS,  THIS  BOARD  MAY  CONDEMN  LAND  FOR 
SCHOOL  SITES  AND  MAY  PUNISH  FOR  CONTEMPT.  ALL  NECESSARY 
POWER  TO  ENFORCE  THE  SCHOOL  LAW  IS  CONFERRED  ON  THIS  BOARD, 
WITH  EXPLICIT  POWER  TO  REMOVE  THE  COUNTY  SUPERINTENDENT  UPON 
THE  COMPLAINT  OF  THE  STATE  SUPERINTENDENT,  AND  TO  REMOVE  ANY 
TEACHER  FOR  IMMORAL  CONDUCT. 

4119.  ELECTION  OF;  VACANCIES  IN,  HOW  FILLED.  The  General  As- 
sembly of  one  thousand  nine  hundred,  and  nine  shall  appoint  three 
men  in  each  county,  who  shall  constitute  the  county  board  of  edu- 
cation— one  for  a  term  of  office  of  two  years,  one  for  a  term  of 
office  of  four  years  and  one  for  a  term  of  office  of  six  years.  The 
term  of  office  of  each  shall  begin  on  the  first  Monday  in  July  next 
succeeding  his  appointment.  Each  succeeding  General  Assembly, 
at  its  regular  session,  shall  appoint  one  member  of  the  county 
board  of  education  in  place  of  the  member  whose  term  of  office 
expires  on  the  first  Monday  in  July  next  succeeding  that  meeting 
of  the  General  Assembly,  and  his  term  of  office  shall  continue  for 
six  years  from  the  first  Monday  in  July  next  succeeding  his  ap- 
pointment and  until  his  successor  is  duly  appointed  and  qualified : 
Provided,  that  the  provisions  of  this  section  shall  not  apply  to 
those  counties  in  wrhich  the  county  boards  of  education  were,  at  the 
general  election  of  nineteen  hundred  and  eight,  elected  by  a  vote  of 
the  people.  No  person  shall  be  eligible  as  a  member  of  the  county 
board  of  education  who  is  not  known  to  be  a  man  of  intelligence, 
of  good  moral  character,  of  good  business  qualifications  and 
heartily  in  favor  of  public  education.  In  case  of  a  vacancy 
in  the  county  board  of  education,  by  death,  resignation  or  other- 
wise, such  vacancy  shall  be  filled  by  the  remaining  members 
of  such  county  board;  but  if  such  vacancy  should  remain  un- 
filled for  thirty  days  after  it  occurs,  it  shall  be  filled  by  the  State 
Board  of  Education.  ,Upon  failure  of  the  General  Assembly  to 
appoint  one  or  more  members  of  the  county  board  of  education 
for  any  county  as  herein  provided,  such  failure  shall  constitute 
a  vacancy,  which  shall  be  filled  by  the  State  Board  of  Education: 
Provided,  that  no  person,  while  actually  engaged  in  teaching  in 
the  public  schools,  shall  be  eligible  as  a  member  of  the  county 
board  of.  education. 

1901,  c.  4,  s.  12 ;  1903,  c.  269,  c.  439,  s.  3 ;  1905,  c.  533,  s.  3 ;  1909, 
c.  435. 


SECTIONS  4120-22.  45 

4120.  QUALIFICATION  OF  MEMBERS  ;  FAILURE  TO  QUALIFY  ;  VACANCY. 
Those  persons   who  shall   be  appointed  members   of  the  county 
board  of  education   by   the   General   Assembly   must   qualify   by 
taking  the  oath  of  office  on  or  before  the  first  Monday  in  July 
next  succeeding  their  appointment.  A  failure  to  qualify  within 
that  time  shall  constitute  a  vacancy,  which  shall  be  filled  by  the 
State  Board  of  Education.     Those  persons  who  shall  be  elected 
or  appointed  to  fill  a  vacancy  must  qualify  within  thirty  days 
after  notification  thereof.     A  failure  to  qualify  within  that  time 
shall  constitute  a  vacancy,  to  be  filled  by  the  board  which  made 
such  election  or  appointment. 

4121.  INCORPORATED  ;  POWERS  AND  DUTIES  OF.     The  county  board 
of  education  shall  be  a  body  corporate  by  the  name  and  style  of 

the  County  Board  of  Education  of County,  and  by 

that  name  shall  be  capable  of  purchasing  and  holding  real  and 
personal  estate,  of  building  and  repairing  schoolhouses,  of  selling 
and  transferring  the  same  for  school  purposes,  and  of  prosecuting 
and  defending  suits  for  or  against  the  corporation.     It  shall  have 
power  and  authority,  and  it  shall  be  its  duty,  to  institute  and 
prosecute  any  and  all  actions,  suits  or  proceedings  against  any 
and  all  officers,  persons  or  corporations,  or  their  sureties,  for  the 
recovery,  preservation  and  application  of  all  moneys  or  property 
which  may  be  due  to  or  should  be  applied  to  the  support  and  main- 
tenance of  the  schools,  except  in  case  of  a  breach  of  his  bond  by 
the  treasurer  of  the  county   school  fund,   in  which  case  action 
shall  be  brought  by  the  county  commissioners  as  is  hereinafter 
provided. 

1901,  c.  4,  s.  13 ;  1903,  c.  435,  s.  4. 

4122.  RULES    AND    REGULATIONS    FOR    SCHOOLS,    TEACHERS    AND 
PUPILS.     The  county  board  of  education  shall   have  power  and 
authority   to    fix   and   determine   the  method   of   conducting   the 
public  schools  in  their  respective  counties,  so  as  to  furnish  the 
most   advantageous   method   of   education   available  to  the  chil- 
dren attending  the  public  schools  in  the  several  counties  of  the 
State;  and  such  board  and  the  county  superintendent  of  public 
instruction  shall  have  full  power  to  make  all  just  and  needful 
rules  and  regulations  governing  the  conduct  of  teachers  and  pupils 
as  to  attendance  on  the  schools,  discipline,  tardiness  and  the  gen- 
eral government  of  the  schools. 

1903,  c.  435,  s,  4. 


46  SECTIONS  4123-24. 

[Under  the  provisions  of  this  section  the  county  board  and  the 
county  superintendent  may  make  and  enforce  such  attendance 
regulations  as  may  be  necessary  to  secure  regular  and  prompt 
attendance  on  the  part  of  the  children.  The  same  authority  may 
also  regulate  the  attendance  of  teachers  on  all  meetings  which 
may  be  thought  to  promote  educational  progress.] 

4123.  TIME  OF  OPENING  AND  CLOSING  SCHOOLS.  The  time  of  open- 
ing and  closing  the  public  schools  in  the  several  public-school  dis- 
tricts of  the  State  shall  be  fixed  and  determined  by  the  county 
board  of  education  in  their  respective  counties.  The  board  may 
fix  different  dates  for  opening  the  schools  in  different  townships, 
but  all  the  schools  of  each  township  must  open  on  the  same  date, 
as  nearly  as  practicable. 

1903,  c.  435,  s.  4. 

[This  section  simply  mieans  that  the  school  term  must  not  be 
divided  and  taught  during  different  seasons  of  the  year  unless 
some  epidemic  or  other  providential  cause  interferes  ivith  the 
regular  term.  The  county  board  must  exercise  this  control  if  it 
would  carry  out  tJie  provisions  of  section 


4124.    SCHOOLHOUSES,  BUILDING  AND  APPROVAL  OF  ;   CONTRACTS  FOR. 

The  building  of  all  new  schoolhouses  shall  be  under  the  control 
and  direction  of  and  by  contract  with  the  county  board  of  educa- 
tion. The  board  shall  pay  not  exceeding  one-half  of  the  cost  of 
the  same  out  of  the  fund  set  aside  for  building,  under  section  four 
thousand  one  hundred  and  sixteen,  and  the  school  district  in 
which  any  schoolhouse  is  erected  shall  pay  the  other  part,  and 
upon  failure  of  such  district  to  provide  its  part  by  private  sub- 
scription, or  otherwise,  the  board  is  directed  to  take  it  out  of  the 
apportionment  to  that  district;  but  the  board  shall  not  be  author- 
ized to  invest  any  money  in  any  new  house  that  is  not  built  in 
accordance  with  plans  approved  by  the  State  Superintendent  of 
Public  Instruction.  All  contracts  for  buildings  shall  be  in  writing, 
and  all  buildings  shall  be  inspected,  received  and  approved  by 
the  county  superintendent  of  public  instruction  before  full  pay- 
ment is  made  therefor. 
1903,  c.  435,  s.  4. 

[This  means  that  the  county  board,  out  of  the  building  fund 
which  it  may  reserve  by  the  provisions  of  section  Iill6,  shall  pay 
not  exceeding  one-half  the  cost  of  building  any  new  schoolhouse, 
the  other  part  of  the  expense  to  be  borne  by  the  district;  but  the 


SECTIONS  4125-26.  47 

board  has  complete  control  of  the  whole  subject,  and  may  forbid 
the  erection  of  a  schoolhouse  in  a  district  which  ought  not  to-  exist. 
It  must  be  remembered  that  no  house  can  be  built  except  m 
accordance  with  plans  approved  by  the  State  Superintendent,  and 
the  county  board  is  charged  with  the  duty  of  carrying  into  effect 
this  provision  to  secure  neat,  comfortable  and  attractive  houses. 
Pamphlets  containing  plans  of  such  houses  as  will  be  approved 
by  the  State  Superintendent,  together  with  specifications,  esti- 
mates of  cost  and  bills  for  material,  will  be  furnished  by  the 
State  Superintendent  on  application.] 

4125,  POWER  OF,  TO  EXECUTE  SCHOOL  LAW.     In  addition  to  all 
other  duties  and  powers  imposed  and  conferred  upon  it  by  law, 
the  county  board  of  education  shall   have  general   control   and 
supervision  of  all  matters  pertaining  to  the  public  schools  in  their 
respective  counties,  and  are  given  the  powers  to  execute  and  are 
charged  with  the  due  execution  of  the  school  laws  in  their  respec- 
tive counties ;  and  all  powers  and  duties  conferred  and  imposed 
by  this  chapter  and  other  laws  of  the  State  respecting  public 
schools  which  are  not  expressly  conferred  and  imposed  upon  some 
other  official  are  conferred  and  imposed  upon  the  county  boards 
of  education,  and  an  appeal  shall  lie  from  all  other  county  school 
officers  to  such  board. 

1901,  c.  4,  s.  14. 

4126.  REMOVAL  OF  COUNTY  SUPERINTENDENT,  MEMBERS  OF  COUNTY 
BOARD  AND  SCHOOL  coMMiTTEEMEN.    In  case  the  State  Superintend- 
ent shall  have  sufficient  evidence  at  any  time  that  any  county  su- 
perintendent of  public  instruction  or  any  member  of  the  county 
board'  of  education  is  not  capable  of  discharging  or  is  not  dis- 
charging the  duties  of  his  office,  as  required  by  this  chapter,  or  is 
guilty  of  immoral  or  disreputable  conduct,  he  shall  report  the  mat- 
ter to  the  county  board  of  education,  which  shall  hear  evidence  in 
the  case ;  and  if,  after  careful  investigation,  it  shall  find  sufficient 
cause  for  his  removal,  it  shall  declare  the  office  vacant  at  once  and 
proceed  to  elect  his  successor.    Either  party  may  appeal  from  the 
decision  of  the  county  board  of  education  to  the  State  Board  of 
Education,  which  shall  have  full  power  to  investigate  and  review 
the  decisions  of  the  county  board  of  education.    This  section  shall 
not  deprive  any  county  superintendent  of  the  right  to  try  his  title 
to  his  office  in  the  courts  of  the  State.    In  case  the  county  superin- 
tendent shall  have  sufficient  evidence  at  any  time  that  any  mem- 
ber of  any  school  committee  is  not  capable  of  discharging  or  is  not 


48  SECTIONS  4127-29. 

discharging  the  duties  of  his  office,  he  shall  bring  the  matter  to 
the  attention  of  the  county  board  of  education,  which  shall  thor- 
oughly investigate  the  charges,  and  shall  remove  such  committee- 
man  and  appoint  a  successor,  if  sufficient  evidence  shall  be  pro- 
duced to  warrant  his  removal  and  the  best  interests  of  the  schools 
demand  it. 

1901,  c.  4,  ss.  10,  42. 

4127.  MAY  HOLD  INVESTIGATIONS  ;  ISSUE  SUBPCENAS  ;  SERVICE  OF 
SAME;  APPEAL  TO  SUPERIOR  COURT.    The  county  board  of  education 
shall  have  power  to  investigate  and  pass  upon  the  moral  charac- 
ter of  any  teacher  in  the  public  schools  of  the  county,  and  to  dis- 
miss such  teacher  if  found  of  bad  moral  character ;  also  to  inves- 
tigate and  pass  upon  the  moral  character  of  any  applicant  for  a 
teacher's  certificate  or  for  employment  as  teacher  in  any  public 
school   in  the  county.     Such   investigation  shall   be  made,   after 
written  notice  of  not  less  than  ten  days,  to  the  person  whose  char- 
acter is  to  be  investigated.     The  board  shall  have  power  to  issue 
subpoenas   for  the  attendance  of  witnesses.     Subpoenas   may  be 
issued  in  any  and  all  matters  which  may  lawfully  come  within 
the  powers  of  the  board  and  which  in  the  discretion  of  the  board 
require  investigation ;   and  it  shall  be  the  duty  of  the  sheriffs, 
coroners  and  constables  to  serve  such  subpoenas  upon  payment  of 
their  lawful  fees.     Appeals  provided  for  in  this  chapter  shall  be 
regulated  by  rules   to  be  adopted  by  the  board.     The   Superior 
Courts  of  the  State  may  review  any  action  of  the  county  board  of 
education  affecting  any  one's  character  or  right  to  teach. 

1901,  c.  4,  s.  15. 

4128.  POWER  TO  PUNISH  FOR  CONTEMPT.     The  county  board  of 
education  of  each  county  shall  have  power  to  punish  for  contempt 
for  any  disorderly  conduct  or  disturbance  tending  to  interrupt  it 
in  the  transaction  of  official  business. 

1901,  c.  4,  s.  28. 

4129.  SCHOOL  DISTRICTS,  HOW  FORMED.    The  county  board  of  edu- 
cation shall  divide  the  townships  into  convenient  school  districts, 
as  compact  in  form  as  practicable.     It  shall  consult  the  conven- 
ience and  necessities  of  each  race  in  setting  the  boundaries  of  the 
school  district  for  each  race,  and  shall  establish  no  new  school  in 
any  township  within  less  than  three  miles  by  the  nearest  traveled 
route  of  some  school  already  established  in  said  township,  nor 
shall  it  create  any  school  district  with  less  than  sixty-five  chil- 


SECTION  4130.  49 

dren  of  school  age,  unless  such  district  shall  contain  at  least 
twelve  square  miles  or  shall  be  separated  by  dangerous  natural 
barriers  from  a  schoolhouse  in  the  district  of  which  the  proposed 
new  district  is  a  part.  Nothing  in  this  chapter  shall  prevent  the 
board,  whenever  it  shall  deem  it  necessary  for  the  good  of  the 
public  schools,  from  forming  a  school  district  out  of  portions  of 
two  or  more  contiguous  townships.  School  districts  may  be 
formed  out  of  portions  of  contiguous  counties  by  agreement  and 
consent  of  the  county  boards  of  education  of  the  two  counties,  and 
in  case  of  the  formation  of  such  districts  the  per  capita  part  of 
the  publicjschool  money  due  the  children  residing  in  one  county 
shall  be  apportioned  by  the  county  board  of  education  of  that 
county  and  paid  to  the  treasurer  of  the  other  county  in  which  the 
schoolhouse  is  located,  to  be  placed  to  the  credit  of  the  school  dis- 
trict so  formed. 

The  county  board  of  education  of  any  county  is  authorized  and 
empowered  to  change  the  boundary  lines  between  local-tax  school 
districts  in  said  county  upon  satisfactory  evidence  furnished  to 
said  board  that  the  convenience  and  best  interests  of  the  resi- 
dents of  the  districts  require  such  change:  Provided,  that  this 
authority  to  change  boundaries  between  local-tax  districts  shall 
not  have  the  effect  of  releasing  any  taxpayer  from  the  obligation 
of  paying  his  school  taxes,  but  shall  be  exercised  only  for  trans- 
ferring said  taxpayer  and  his  property  from  one  local-tax  district 
to  another  in  which  the  same  rate  of  special  taxation  for  schools 
is  levied. 

Upon  the  consolidation  of  two  or  more  school  districts  into  one 
by  the  county  board  of  education,  the  said  county  board  of  edu- 
cation is  authorized  and  empowered  to  make  provision  for  the 
transportation  of  pupils  in  said  consolidated  district  that  reside 
too  far  from  the  schoolhouse  to  attend  without  transportation, 
and  to  pay  for  the  same  out  of  the  apportionment  to  said  consoli- 
dated districts:  Provided,  that  the  daily  cost  of  transportation  per 
pupil  shall  not  exceed  the  daily  cost  per  pupil  of  providing  a  sepa- 
rate school  in  a  separate  district  for  said  pupils. 

1901,  c.  4,  s.  29 ;  1903,  c.  435,  s.  12 ;  1905,  c.  533,  s.  7 ;  1909,  c.  856 ; 
1911,  c.  135. 

4130.  MAY  ACCEPT  DONATIONS  ;  MAY  SEIX  SCHOOL  PROPERTY.  The 
county  board  of  education  may  receive  any  gift,  grant,  donation, 
or  devise  made  for  the  use  of  any  school  within  its  jurisdiction. 
When  in  the  opinion  of  the  board  any  schoolhouse,  schoolhouse 


50  SECTION  4131. 

site  or  other  public  school  property  has  become  unnecessary  for 
public  purposes,  it  may  sell  the  same  at  public  auction,  after  ad- 
vertisement of  twenty  days  at  three  public  places  in  the  county, 
or  at  private  sale.  The  deed  for  the  property  thus  sold  shall  be 
executed  by  the  chairman  and  secretary  of  the  board,  and  the 
proceeds  of  the  sale  shall  be  paid  to  the  treasurer  of  the  county 
school  fund. 

1901,  c.  4,  ss.  30,  36. 

4131.  SCHOOL  SITES  MAY  BE  ACQUIRED  BY  GIFT,  PURCHASE  OR  CON- 
DEMNATION. The  county  board. of  education  may  receive  suitable 
sites  for  school  houses  by  donation  or  purchase.  In  case  of  pur- 
chase, it  shall  issue  an  order  on  its  treasurer  for  the  purchase 
money,  and  upon  payment  of  the  order  the  title  to  the  site  shall 
vest  in  the  corporation  in  fee  simple.  Whenever  the  board  is  un- 
able to  ob.tain  a  suitable  site  for  a  school  by  gift  or  purchase,  it 
shall  report  to  the  county  superintendent  of  public  instruction,- 
who  shall,  upon  five  days'  notice  to  the  owner  of  the  land,  apply 
to  the  clerk  of  the  Superior  Court  of  the  county  in  which  the  land 
is  situated  for  the  appointment  of  three  appraisers,  who  shall  lay 
off  by  metes  and  bounds  not  more  than  two  acres,  and  assess  the 
value  thereof.  The  same  means  may  be  used  to  obtain  more  land 
in  a  district  where  there  is  a  house  or  a  site  previously  obtained, 
but  not  more  than  three  acres  shall  be  procured,  including  the  site 
already  obtained.  They  shall  make  a  written  report  of  their  pro- 
ceedings, to  be  signed  by  them  or  by  a  majority  of  them,  to  the 
clerk,  within  five  days  from  their  appointment,  who  shall  enter 
the  same  upon  the  records  of  the  court.  The  appraisers  and  offi- 
cers shall  serve  without  compensation.  If  the  report  is  confirmed 
by  the  clerk,  the  chairman  and  the  secretary  of  the  board  shall 
issue  an  order  on  the  treasurer  of  the  county  school  fund  in  favor 
of  the  owner  of  the  land  thus  laid  off,  and  upon  the  payment  or 
offer  of  payment  of  this  order  the  title  to  such  land  shall  vest  in 
fee  simple  in  the  corporation.  Any  person  aggrieved  by  the  action 
of  the  appraisers  may  appeal  to  the  Superior  Court  in  term,  upon 
giving  bond  to  secure  the  board  against  such  costs  as  may  be  in- 
curred on  account  of  the  appeal  not  being  prosecuted  with  effect. 

1901,  c.  4,  s.  31 ;  1903,  c.  435,  s.  13 ;  1905,  c.  533,  s.  8 ;  1911,  c.  135. 

[Several  acres  of  land  ought  always  to  ~be  secured  for  the  site 
of  a  rural  school,  if  possible.] 


SECTIONS  4132-34.  51 

4132.  DEEDS  TO  BE  FILED  WITH  CLERK;  SECRETARY  TO  KEEP  INDEX. 
All  deeds  to  the  county  board  of  education  shall  be  registered  and 
delivered  to  the  clerk  of  the  Superior  Court  for  safe-keeping,  and 
the  secretary  of  the  county  board  of  education  shall  keep  an  index, 
by  township  and  school  districts,  of  all  such  deeds  in  a  book  for 
that  purpose. 

1901,  c.  4,  s.  32 ;  1903,  c.  435,  s.  14. 

[This  section  requires  the  county  superintendent  to  keep  a  con- 
venient index  of  the  deeds  for  all  the  school  property  of  tJie 
county. ~\ 

4133.  MEETINGS  OF;  DUTIES  AT.    The  county  board  of  education 
shall  meet  on  the  first  Monday  in  January,  April,  July  and  Octo- 
ber, and  may,  if  necessary,  continue  in  session  two  days,  and  it 
may  have  called  meetings,  of  one  day  each,  as  often  as  once  a 
month  if  the  school  business  of  the  county  require  it.    It  shall,  at 
the  meetings  in  January,  April,  July,  and  October,  examine  the 
books  and  vouchers  and  audit  the  accounts  of  the  treasurer  of  the 
county  school  fund.    The  boards  of  education  of  the  several  coun- 
ties shall  cause  to  be  published  annually  on  the  first  Monday  of 
August  in  some  newspaper  published  in  the  county,  or  at  the 
courthouse  door  if  there  be  no  newspaper  published  therein,  an 
itemized   statement   of   all  receipts   and   expenditures   of   school 
funds. 

1891,  c.  460 ;  1901,  c.  4,  s.  27 ;  1903,  c.  435,  s.  26 ;  1905,  c.  533,  s. 
21 ;  1911,  c.  135. 

4134.  SUPERINTENDENT  AND  TREASURER  TO  MEET  WITH,  IN  JULY, 
TO  SETTLE  ALL  BUSINESS  OF  FISCAL  YEAR.     On  the  first  Monday  in 
July  the  county  board  of  education,  county  superintendent  of  pub- 
lic instruction  and  treasurer  shall  meet  at  the  office  of  the  board 
and  settle  all  the  business  of  the  preceding  fiscal  year.    The  board 
shall  on  that  day  examine  the  reports  of  treasurer  and  county  su- 
perintendent, and  if  found  correct  shall  direct  them  to  be  for- 
warded to  the  State  Superintendent  within  thirty  days  thereafter. 

1901,  c.  4,  s.  59 ;  1903,  c.  435,  s.  20. 

COMPENSATION  OF  MEMBERS  OF  BOARD.  The  members  of  the 
county  board  of  education  shall  receive  two  dollars  per  diem  and 
the  same  mileage  as  is  allowed  to  the  members  of  the  board  of 
county  commissioners  of  their  counties. 

Revisal  of  1905,  v.  I,  c.  66,  s.  2786. 


52  DECISIONS. 

Decision  of  State  Superintendent. 

What  is  the  duty  of  the  county  board  in  the  selection  of  a  super- 
intendent? 

The  board  has  no  more  important  duty  than*  this,  of  electing  a 
county  superintendent.  I  beg  to  urge  the  observance  of  the  fol- 
lowing in  the  selection  of  a  county  superintendent: 

(1)  Without  fear,  without  prejudice,  political  or  sectarian,  hav- 
ing before  your  eyes  only  the  welfare  of  the  children  and  the  suc- 
cess of  the  public  schools,  select  the  most  competent  man  to  be  had 
for  the  money,  choosing  him  from  your  county  if  such  a  man  is 
to  be  found  there,  and  if  not  to  be  found  in  the  county,  seeking 
him  wherever  he  can  be  found,  as  the  law  permits.  (2)  If  your 
present  county  superintendent  possesses  the  necessary  qualifica- 
tions for  a  successful  administration  of  his  delicate,  difficult  and 
important  duties,  as  I  trust  he  may,  reeled  him  and  give  him  a 
chance  to  show  what  is1  in  him  and  to  make  a  greater  success  of 
his  work,  by  paying  him,  if  possible,  a  sufficient  salary,  under 
section  2782,  to  justify  him  in  giving  all  his  time  and  thought  to 
the  work  of  supervision  and  to  justify  you  in  requiring  him  to  do 
this.  (3)  Take  advantage  of  the  law  and  pay  your  superintend- 
ent as  large  a  salary  as  your  school  fund  will  justify ;  but  be  sure 
that  you  get  more  man  and  more  time  for  more  money. 

IX.     THE   POWERS  AND  DUTIES  OF  THE  COUNTY 
SUPERINTENDENT. 

Summary:  THE  COUNTY  SUPEEINTENDENT  is  ELECTED  FOR  A  TERM 
OF  TWO  YEARS  BY  THE  COUNTY  BOARD  ON  THE  FIRST  MONDAY  IN 
JULY.  HE  MUST  BE  A  MAN  OF  LIBERAL  EDUCATION  AND  OF  GOOD  MORAL 
CHARACTER,  AND  MUST  ALSO  BE  A  PRACTICAL  TEACHER  OR  HAVE  HAD 
TWO  YEARS'  EXPERIENCE  IN  TEACHING.  DURING  THE  PUBLIC-SCHOOL 
TERM  HE  MUST  VISIT  THE  PUBLIC  SCHOOLS,  AND  HE  CANNOT  ENGAGE 
IN  SCHOOL  WORK  WHICH  WILL  NULLIFY  THIS  REQUIREMENT.  THE 
COUNTY  SUPERINTENDENT  IS  SECRETARY  OF  THE  COUNTY  BOARD,  AND 

MUST    HAVE    HIS    OFFICE    AT    THE    COUNTY-SEAT.       HE    IS    REQUIRED    TO 

HOLD  TOWNSHIP  TEACHERS'  MEETINGS,  SUPERVISE  THE  WORK  OF  THE 
TEACHERS,  ATTEND  THE  STATE  ASSOCIATION  OF  COUNTY  SUPERIN- 
TENDENTS, MUST  INSTRUCT  COMMITTEEMEN  AS  TO  THEIR  DUTIES, 
MUST  DISTRIBUTE  THE  BLANK  FORMS  FURNISHED  HIM  BY  THE  STATE 
SUPERINTENDENT,  MUST  MAKE  REPORTS  TO  THE  STATE  SUPERINTEND- 
ENT, AND  HE  MUST  FURNISH  STATISTICS  AS  TO  THE  NUMBER  OF  DEAF 
AND  DUMB  AND  BLIND  CHILDREN  IN  HIS  COUNTY.  IF  THE  COUNTY 


SECTIONS  4135-36.  53 

SCHOOL  FUND  EXCEEDS  $15,000  ANNUALLY,  HE  MAY  BE  PAID  SUCH 
SALARY  AS  THE  COUNTY  BOARD  MAY  FIX  ;  OTHERWISE,  HIS  SALARY 
MAY  BE  FIXED  AT  FOUR  PER  CENT  OF  THE  DISBURSEMENTS  OF  THEI 
SCHOOL  FUND,  OR  IT  MAY  BE  FIXED  AT  NOT  LESS  THAN  $3  A  DAY  FOR 
THE  TIME  ACTUALLY  EMPLOYED.  No  VOUCHER  IN  THE  HANDS  OF  THE 
TREASURER  OF  THE  SCHOOL  FUND  IS  A  VALID  VOUCHER  UNLESS  SIGNED 
BY  THE  COUNTY  SUPERINTENDENT.  UNDER  CERTAIN  CONDITIONS,  THE 
COUNTY  SUPERINTENDENT  HAS  CHARGE  OF  THE  EXAMINATION  AND 
CERTIFICATION  OF  TEACHERS. 

4135.  ELECTION,  QUALIFICATION  AND  TERM  OF  OFFICE;  VACANCY. 
The  county  board  of  education,  on  the  first  Monday  in  July,  one 
thousand  nine  hundred  and  five,  and  biennially  thereafter,  shall 
elect  a  county  superintendent  of  public  instruction,  who  shall  be 
at  the  time  of  his  election  a  practical  teacher,  or  who  shall  have 
had  at  least  two  years'  experience  in  teaching  school,  and  who 
also  shall  be  a  man  of  liberal  education,  and  shall  otherwise  be 
qualified  to  discharge  the  duties  of  his  office  as  required  by  law, 
due  regard  being  given  to  experience  in  teaching.     Such  superin- 
tendent must  be  of  good  moral  character,  and  shall  hold  his  office 
for  a  term  of  two  years  from  the  date  of  his  election  and  until  his 
successor  is  elected  and  qualified.    Any  person  who  has  filled  the 
office  of  county  superintendent  for  four  years  next  preceding  the 
eleventh  day  of  March,  one  thousand  nine  hundred  and  one,  shall 
be  eligible  to  such  office  in  Bertie  and  Bladen  and  Columbus  coun- 
ties", if  the  election  of  such  person  meets  the  approval  of  the  State 
Board  of  Education.    In  case  of  vacancy,  by  death,  resignation  or 
otherwise,  in  the  office  of  county  superintendent,  such  vacancy 
shall  be  filled  by  the  county  board  of  education. 

The  county  superintendent  of  public  instruction  shall  have  au- 
thority to  administer  oaths  to  teachers  and  all  subordinate  school 
officials  where  an  oath  is  required  of  the  same. 

1901,  c.  4,  s.  16 ;  1903,  c.  435,  s.  5 ;  1911,  c.  135. 

[The  county  superintendent's  office  is  the  most  important  office 
in  the  county.  He  need  not  be  a  resident  of  the  county  when 
elected.  If  possible,  he  should  be  paid  large  enough  salary  to  en- 
able him  to  devote  all  his  time  to  his  work.] 

4136.  REPORT  OF  ELECTION  OF,  TO  STATE  SUPERINTENDENT.    Imme- 
diately after  the  election  of  the  county  superintendent  of  public 
instruction  the  chairman  of  the  county  board  of  education  shall 
report  to  the  State  Superintendent  of  Public  Instruction  the  name, 


54  SECTIONS  4137-39. 

address,  experience  and  qualifications  of  the  person  elected ;  and 
the  person  elected  shall  report  to  the  State  Superintendent,  as 
soon  as  he  shall  have  qualified,  the  date  of  such  qualification. 
1901,  c.  4,  s.  16 ;  1903,  c.  435,  s.  5. 

4137.  DISTRICTS  IN  CITIES  AND  TOWNS  MAY  JOINTLY  EMPLOY.     By 
and  with  the  consent  of  the  county  board  of  education,  the  school 
committees  of  two  or  more  contiguous  districts  in  any  city  or 
town  may,  by  a  majority  vote  of  the  committee  in  each  district, 
employ  a  practical  teacher,  who  shall  be  known  as  the  superin- 
tendent of  the  public  schools  of  such  districts,  and  he  shall  per- 
form all  the  duties  of  the  county  superintendent  of  public  instruc- 
tion as  to  such  districts,  and  shall  make  to  the  county  superin- 
tendent all  reports  that  may  be  necessary  to  enable  him  to  make 
his  reports  to  the  State  Superintendent. 

1889,  c.  199,  s.  47 ;  1901,  c.  4,  s.  74. 

4138.  NOT  TO  TEACH  SCHOOL;  TO  RESIDE  IN  THE  COUNTY.     Every 
county  superintendent  shall  reside  in  the  county  of  which  he  is 
superintendent.     It  shall  not  be  lawful  for  any  county  superin- 
tendent to  teach  a  school  while  the  public  schools  of  his  county 
are  in  session ;  but  the  State  Board  of  Education  may,  for  good 
and  sufficient  reason,  permit  a  county  superintendent  to-  so  teach. 

1901,  c.  4,  s.  44. 

4139.  EX  OFFICIO  SECRETARY  TO  THE  BOARD;  RECORDS  TO  BE  KEPT. 

The  county  superintendent  of  public  instruction  "shall  be  ex  ojficio 
the  secretary  of  the  county  board  of  education.  He  shall  record 
all  proceedings  of  the  board,  issue  all  notices  and  orders  that  may 
be  made  by  the  board  pertaining  to  the  public  schools,  school- 
houses,  sites  or  districts  (which  notices  or  orders  it  shall  be  the 
duty  of  the  secretary  to  serve  by  mail  or  by  personal  delivery, 
without  cost),  and  record  all  school  statistics,  look  after  all  for- 
feitures, fines  and  penalties,  see  that  the  same  are  placed  to  the 
credit  of  the  school  fund,  and  report  the  same  to  the  board.  The 
board  shall  provide  the  county  superintendent  with  an  office  at 
the  county-seat,  in  the  county  courthouse  if  possible,  and  with  a 
suitable  book  in  which  to  keep  the  records  required  by  this  section. 
The  records  of  the  board  and  the  county  superintendent  shall  be 
kept  in  the  office  provided  for  that  purpose  by  the  board. 
1901,  c.  4,  s.  36. 

[It  is  very  important  to  keep  -full  and  accurate  records  and  to 
look  closely  after  the  proper  disposition  of  all  fines,  forfeitures 


SECTIONS  4140-42.  55 

and  penalties.  An  account  book  will  be  furnished  on  application 
to  the  State  Superintendent.  The  superintendent  should  report  to 
the  solicitor  all  failures  to  apply  the  moneys  from  fines,  etc.,  to 
their  proper  purpose.] 

4140.  To  HOLD  TEACHERS'  MEETINGS.    The  county  superintendent 
shall  each  year  hold  not  less  than  one  teachers'  meeting  in  each 
township,  which  the  teachers  shall  be  required  to  attend.     If  nec- 
essary, one  school  day  must  be  set  apart  for  this  purpose. 

1901,  c.  4,  s.  38 ;  1903,  c.  435,  s.  17. 

4141.  MUST    ADVISE   AND    MAY    SUSPEND   TEACHERS  ;    MUST   ATTEND 

STATE  ASSOCIATION  OF  SUPERINTENDENTS.  It  shall  be  the  duty  of 
the  county  superintendent  to  advise  with  the  teachers  as  to  the 
best  methods  of  instruction  and  school  government,  and  to  that 
end  he  shall  keep  himself  thoroughly  informed  as  to  the  progress 
of  education  in  other  counties,  cities  and  States.  He  shall  have 
authority  to  correct  abuses,  and  to  this  end  he  may,  with  the  con- 
currence of  a  majority  of  the  school  committee,  suspend  any 
teacher  who  may  be  guilty  of  any  immoral  or  disreputable  con- 
duct or  may  prove  himself  incompetent  to  discharge  efficiently  the 
duties  of  a  public-school  teacher  or  who  may  be  persistently  neg- 
lectful of  such  duties.  The  county  superintendent  shall  be  re- 
quired to  visit  the  public  schools  of  his  county  while  in  session, 
and  shall  inform  himself  of  the  condition  and  needs  of  the  various 
schools  within  his  jurisdiction.  Unless  providentially  hindered, 
he  shall  attend  continuously  during  its  session  the  annual  meet- 
ing of  the  State  Association  of  County  Superintendents,  and  the 
annual  meeting  of  the  District  Association  of  County  Superintend- 
ents, and  the  county  board  of  his  county  shall  pay  out  of  the 
county  school  fund  his  traveling  expenses,  including  hoard,  and 
allow  him  his  per  diem  while  attending  such  meeting;  but  county 
superintendents  employed  on  salary  shall  not  receive  any  per 
diem  while  in  attendance  on  such  meeting. 

1901,  c.  4,  s.  39;  1903,  c.  435,  s.  18;  1905,  c.  533,  s.  10;  1911, 
cr  135. 

[It  is  mandatory  that  the  county  superintendent  visit  the  schools, 
and  county  boards  of  education  must  see  that  the  law  is  properly 
observed.] 

4142.  MUST    DISTRIBUTE    BLANKS    AND    BOOKS    AND    ADVISE    COMMIT- 
TEES.    It  shall  be  the  duty  of  the  county  superintendent  to  dis- 
tribute to  the  various  school  committees  of  his  county  all  such 


56  SECTION  4143. 

blanks  as  may  be  furnished  by  the  State  Superintendent  of  Public 
Instruction  for  reports  of  school  statistics  of  the  several  districts ; 
also  blanks  for  teachers'  reports  and  for  orders  on  the  treasurer 
of  the  county  school  fund  for  teachers'  salaries.  He  shall  also  dis- 
tribute to  the  school  committees  school  registers  for  their  respec- 
tive districts  and  necessary  record  books;  he  shall  advise  with 
the  committee  as  to  the  best  methods  of  gathering  the  school  sta- 
tistics contemplated  by  such  blanks,  and  by  all  proper  means  shall 
seek  to  have  statistics  fully  and  properly  reported. 
1901,  c.  4,  s.  40. 

4143.    MUST    MAKE   REPORTS    TO    STATE    SUPERINTENDENT.       It    Shall 

be  the  duty  of  each  county  superintendent,  on  or  before  the  first 
Monday  in  July  of  each  year,  to  report  to  the  State  Superintend- 
ent of  Public  Instruction  an  abstract  statement  of  the  number, 
grade,  race  and  sex  of  the  teachers  examined  and  approved  by 
him  during  the  year ;  also  the  number  of  public  schools  taught  in 
the  county  during  the  year  for  each  race,  the  number  of  children 
of  school  age  in  each  school  district,  the  number  enrolled  in  each 
district,  the  average  daily  attendance  in  each  district,  by  race  and 
sex,  and  the  number  of  all  persons  in  the  county  between  the  ages 
of  twelve  and  twenty-one  who  cannot  read  and  write.  He  shall 
also  report,  by  race  and  sex,  the  number  of  pupils  enrolled  in  all 
the  schools,  their  average  attendance,  the  average  length  of  terms 
of  the  schools  and  the  average  salary  for  the  teachers  of  each 
race;  the  number  of  school  districts  for  each  race,  and  any  new 
school  districts  laid  out  during  the  year  shall  be  specified  in  his 
report.  He  shall  also  report  the  number  of  public-school  houses 
and  the  value  of  the  public-school  property  for  each  race,  the  num- 
ber of  teachers'  institutes  held,  the  number  of  teachers  attending 
such  institutes,  together  with  such  suggestions  as  may  occur  to 
him  promotive  of  the  school  interest  of  the  county.  He  shall 
record  in  his  book  an  accurate  copy  of  such  report.  If  any  county 
superintendent  fail  or  refuse  to  perform  any  of  the  duties  required 
of  him  by  this  chapter,  he  shall  be  subject  to  removal  from  his 
office  by  the  county  board  of  education  upon  the  complaint  of  the 
State  Superintendent  of  Public  Instruction. 
1901,  c.  4,  s.  41. 

[Copies  of  all  reports  made  should  be  recorded  in  the  record 
book  of  the  county  board  for  future  reference.  It  would  be  well 
to  record,  also,  the  treasurer's  report.] 


SECTION  4144.  57 

4144.  TO  REPORT  AS  TO  DEAF  AND  DUMB  AND  BLIND  CHILDREN.  It 
shall  be  the  duty  of  the  county  superintendent  to  require  of  the 
school  committees,  in  enumerating  the  number  of  school  children, 
to  make  a  statement  in  the  report  of  the  number  of  deaf  and 
dumb  and  blind  between  the  ages  of  six  and  twenty-one  years, 
designating  the  race  and  sex,  and  the  address  of  the  parent  or 
guardian  of  such  children;  and  the  county  superintendents  are 
hereby  required  to  furnish  such  information  to  the  principals  of 
the  deaf  and  dumb  and  blind  institutions ;  and  the  Superintendent 
of  Public  Instruction,  in  preparing  blanks  for  reports  required  to 
be  made  to  him,  shall  include  questions  the  answers  to  which  will 
furnish  the  information  required  by  this  section. 

1901,  c.  4,  s.  43. 

SALARY  OF  COUNTY  SUPERINTENDENT.  The  salary  of  the  county 
superintendent  of  schools  shall  be  fixed  by  the  county  board  of 
education.  It  shall  not  be  less  than  three  dollars  per  day  while 
engaged  in  the  service  of  the  public  schools.  The  county  board 
of  education  may  fix  an  annual  salary  not  to  exceed  four  per  cent 
of  the  disbursements  for  schools  under  his  supervision.  The 
county  board  of  education  of  any  county  whose  total  school  fund 
exceeds  fifteen  thousand  dollars  may  employ  a  county  superin- 
tendent, for  all  of  his  time,  at  such  salary  as  may  be  fixed  by  said 
board. 

Revisal  of  1905,  v.  I,  c.  66,  s.  2782. 

X.     THE  POWERS  AND  DUTIES  OF  THE  SCHOOL 
COMMITTEE. 

Summary:  THE  SCHOOL  COMMITTEE  is  COMPOSED  OF  THREE  PER- 
SONS, APPOINTED  BY  THE  COUNTY  BOARD  ON  THE  FIRST  MONDAY  IN 
JULY,  FOR  A  TERM  OF  TWO  YEARS.  THESE  MAY  BE  TOWNSHIP  OR  DIS- 
TRICT COMMITTEEMEN,  AS  THE  COUNTY  BOARD  MAY  DETERMINE.  THE 
COMMITTEE  MUST  TAKE  THE  SCHOOL  CENSUS,  FOR  WHICH  THE  COMPEN- 
SATION IS  TWO  CENTS  FOR  EACH  NAME.  EACH  SCHOOL  COMMITTEE 
MUST  ELECT  A  CHAIRMAN  AND  A  SECRETARY,  AND  KEEP  AN  ACCURATE 
RECORD  OF  ALL  ITS  PROCEEDINGS,  AND  CONTROL  AND  CARE  FOR  THE  PUB- 
LIC-SCHOOL PROPERTY  IN  THE  PUBLIC  INTEREST.  THE  COMMITTEE  IS 
ALSO  CHARGED  WITH  ASCERTAINING  THE  NUMBER  OF  DEAF  AND  DUMB 
AND  BLIND  CHILDREN,  AS  WELL  AS  THE  NUMBER  OF  ILLITERATE  CHIL- 
DREN, BETWEEN  THE  AGES  OF  TWELVE  AND  TWENTY-ONE.  THE 
SCHOOL  COMMITTEE  CANNOT  EXPEND  ANY  MONEY  APPORTIONED  FOR 
INCIDENTAL  EXPENSES  WITHOUT  THE  CONSENT  OF  THE  COUNTY  BOARD  ; 


58  SECTION  4145. 

AND  THEY  MUST  KEEP  AN  ACCURATE  RECORD  OF  THE  EMPLOYMENT  OF 
TEACHERS  AND  OF  ANY  SPECIAL  FUNDS  DISBURSED  BY  THEM.  THEY 
ARE  PROHIBITED  FROM  OVERDRAWING  THE  AMOUNT  APPORTIONED  FOR 
TEACHERS'  SALARIES,  AND  FROM  MAKING  A  CONTRACT  BEYOND  THEIR 
TERM  OF  OFFICE.  CONTRACTS  WITH  PRIVATE  SCHOOLS  MAY  BE  MADE, 
BY  WHICH  THE  PUBLIC  SCHOOL  MAY  BE  TAUGHT  IN  CONNECTION 
WITH  SUCH  SCHOOLS.  NO  MONEY  FOR  DISTRICT  EXPENSES  OF  ANY 
KIND  OR  FOR  THE  SALARIES  OF  TEACHERS  MAY  BE  PAID  BY  THE  COUNTY 
TREASURER  EXCEPT  ON  AN  ORDER  SIGNED  BY  A  MAJORITY  OF  THE  COM- 
MITTEE. 

4145.  QUALIFICATIONS  AND  ELECTION  OF  ;  CARE  TAKEN  OF  SCHOOL- 
HOUSES.  The  county  board  of  education  of  each  county  shall,  on 
the  first  Monday  in  July,  one  thousand  nine  hundred  and  five,  and 
biennially  thereafter,  appoint  in  each  of  the  townships  of  the 
county  three,  intelligent  men  of  good  business  qualifications,  who 
are  known  to  be  in  favor  of  public  education,  who  shall  serve  for 
two  years  from  the  date  of  their  appointment  as  school  committee- 
men  in  their  respective  townships  and  until  their  successors  are 
elected  and  qualified.  If  a  vacancy  shall  occur  at  any  time,  by 
death,  resignation  or  otherwise,  it  shall  be  the  duty  of  the  county 
board  of  education  to  fill  such  vacancy.  Such  board  shall  have  the 
power  to  pay  out  of  the  reserve  school  fund  to  each  member  of 
the  township  committee  thus  appointed  one  dollar  per  day  for  not 
more  than  four  days  per  annum.  Such  township  committee  must 
take  the  census  in  their  township  by  districts,  and  shall  be  paid 
for  taking  the  same  at  the  rate  of  two  cents  per  name,  and  may 
be  paid  each  one  dollar  per  day  for  not  exceeding  four  days  each 
year  for  such  additional  services  as  may  be  rendered  by  the  com- 
mittee in  the  discharge  of  their  legal  duties.  Every  township  com- 
mittee shall  appoint  one  man  in  each  school  district  in  the  town- 
ship to  look  after  the  schoolhouse  and  property  and  advise  with 
the  committee.  The  county  board  of  education  in  each  county 
may,  if  it  deem  best,  biennially,  on  the  first  Monday  in  July,  in- 
stead of  electing  township  committeemen,  elect  for  each  school  of 
the  several  townships  three  school  committeemen  of  intelligence 
and  good  business  qualifications  who  are  known  to  be  in  favor  of 
public  education,  who  shall  serve  for  two  years  from  date  of  their 
appointment  as  committeemen  and  until  their  successors  are 
elected  and  qualified.  If  a  vacancy  should  occur  at  any  time,  by 
death,  resignation  or  otherwise,  it  shall  be  the  duty  of  the  county 
board  of  education  to  fill  such  vacancy ;  and  in  case  such  school 
committeemen  shall  be  elected  as  above,  all  the  powers  and  duties 


SECTIONS  4146-48.  59 

conferred  under  this  chapter  on  the  township  committeemeu  shall 
vest  in  such  committeemen  of  the  several  schools  of  the  township, 
who  shall  serve  without  compensation. 

1901,  c.  4,  s.  17 ;  1903,  c.  435,  s.  6 ;  1905,  c.  533,  ss.  17,  18 ;  1909, 
c.  769. 

[The  committee  system  should  be  uniform;  there  should  be 
township  committeemen  only  in  a  county,  or  only  district  com- 
mitteemen. Those  counties  luhich  have  adopted  the  township  sys- 
tem find  it  much  th<e  more  satisfactory.  This  is  the  experience  of 
other  States.  The  general  adoption  of  the  township  system  in  this 
State  would  therefore  l)e  greatly  desirable.] 

4146.  TO    ELECT    CHAIRMAN    AND    SECRETARY;    APPEALS    FROM.       The 

school  committee,  as  soon  as  practicable  after  their  election  and 
qualification,  not  to  exceed  twenty  days,  shall  meet  and  elect  from 
their  number  a  chairman  and  secretary,  and  shall  keep  a  record 
of  their  proceedings  in  a  book  to  be  kept  for  that  purpose.  The 
name  and  address  of  the  chairman  and  secretary  shall  be  reported 
to  the  county  superintendent  of  public  instruction  and  recorded 
by  him. 

1901,  c.  4,  s.  18. 

[A  record  book  for  committeemen  will  be  supplied  by  the  county 
superintendent.] 

4147.  POWERS  AND  DUTIES  AS  TO  SCHOOL  PROPERTY.     The  school 
committee  shall  be  entrusted  with  the  care  and  custody  of  all 
schoolhouses,  schoolhouse  sites,  grounds,  books,  apparatus  or  other 
public-school  property  in  the  township,  with  full  power  to  control 
the  same,  as  they  may  deem  best  for  the  interest  of  the  public 
schools  and  the  cause  of  education. 

1901,  c.  4,  s.  19. 

4148.  CENSUS  TO  BE  TAKEN  ;  REPORTS  ;  DEAF  AND  DUMB,  BLIND  AND 
ILLITERATE  TO  BE  REPORTED.     The  school  committee  is  required  to 
furnish  biennially  to  the  county  superintendent  a  census  report  of 
all  the  pupils  of  school  age  in  their  township  or  district,  by  name, 
age,  sex  and  race ;  also  the  names  of  their  parents  or  guardians. 
The  blanks  upon  which  such  reports  are  to  be  made  shall  be  fur- 
nished to  the  various  school  committees  by  the  county  superin- 
tendent on  the  first  Monday  in  June  of  the  year  in  which  the  census 
is  required,  which  report  shall  be  duly  sworn  to  by  each  one  of  the 
committee  and  returned  to  the  county  superintendent  on  or  before 
the  first  Monday  in  July  of  the  year  in  which  the  census  is  re- 


60  SECTIONS  4149-51. 

quired,  and  any  committee  failing  to  comply  with  the  provi- 
sions of  this  section  without  just  cause  shall  be  subject  to  re- 
moval. The  school  committee  shall  be  allowed  a  sum  not  exceed- 
ing two  cents  per  name  for  all  names  reported  between  the  ages 
of  six  and  twenty-one.  The  committee  shall  also  report  to  the 
county  superintendent,  who  shall  in  turn  report  to  the  county 
board  of  education,  the  number  of  public-school  houses  and  the 
value  of  all  public-school  property  for  each  race  separately,  and 
furnish  to  the  teacher  at  the  opening  of  the  school  a  complete 
copy  of  the  census  furnished  to  the  county  superintendent,  which 
shall  be  recorded  by  the  teacher  in  a  register  containing  the  name 
and  age  of  each  pupil  of  school  age  in  that  district.  They  shall 
also  report,  by  race  and  sex,  the  number  of  all  persons  between 
the  ages  of  twelve  and  twenty-one  who  cannot  read  and  write,  and 
the  number  of  deaf  and  dumb  and  blind  between  the  ages  of  six 
and  twenty-one  years,  designating  the  race  and  sex,  and  the  ad- 
dress of  the  parents  or  guardians  of  such  children. 

1901,  c.  4,  ss.  20,  43;  1901,  c.  3,  s.  1 ;  1903,  c.  435.  s.  7;  1911, 
c.  135. 

4149.  TO  KEEP  A  RECOED  OF  RECEIPTS  AND  EXPENDITURES  ;  PURCHASE 

SUPPLIES.  The  school  committee  for  each  township  or  district 
shall  keep  a  book  in  which  shall  be  recorded  an  itemized  state- 
ment of  all  moneys  apportioned  to,  received  and  expended  by  them 
for  each  school,  and  a  copy  of  all  contracts  made  by  them  with 
teachers.  The  committee  shall  have  authority  to  purchase  the 
supplies  necessary  for  conducting  the  schools  and  for  repairs,  to 
an  amount  not  to  exceed  in  the  aggregate  the  sum  of  twenty-five 
dollars  in  any  one  year  for  each  school ;  but  nothing  in  this  sec- 
tion shall  be  so  construed  as  to  give  school  committees  the  right  to 
make  expenditures  without  the  order  of  the  county  board. 
1901,  c.  4,  ss.  21,  35 ;  1905,  c.  533,  s.  19. 

[The  county  superintendent  should  furnish  the  committeemen 
a  record  fcoofc  to  keep  their  accounts.'] 

4150.  MUST  NOT  OVERDRAW.     No  committee  shall  give  an  order 
unless  the  money  to  pay  it  is  actually  to  the  credit  of  the  district, 
and  no  part  of  the  school  fund  for  one  year  shall  be  used  to  pay 
school  claims  for  any  previous  year. 

1901,  c.  4,  s.  34 ;  1903,  c.  435,  s.  16. 

4151.  PRIVATE  SCHOOLS,  COMMITTEE  MAY  CONTRACT  WITH  ;  EFFECT. 
In  any  school  district  where  there  may  be  a  private  school  regu- 


SECTION  4151.  61 

larly  conducted  for  at  least  six  months  in  the  year,  unless  such 
private  school  is  a  sectarian  or  denominational  school,  the  school 
committee  may  contract  with  the  teacher  of  such  private  school 
to  give  instruction  to  all  pupils  between  the  ages  of  six  and 
twenty-one  years  in  the  branches  of  learning  taught  in  the  public 
schools,  as  prescribed  in  this  chapter,  without  charge  and  free  of 
tuition ;  and  such  school  committee  may  pay  such  teacher  for  such 
service  out  of  the  public-school  fund  apportioned  to  the  district,  and 
the  agreement  as  to  such  pay  shall  be  arranged  between  the  com- 
mittee and  teacher.  Every  teacher  of  the  public-school  branches 
in  such  school  shall  obtain  a  first-grade  certificate  before  begin- 
ning his  or  her  work,  and  shall  from  time  to  time  make  such  re- 
ports as  are  required  of  other  teachers  under  this  chapter.  The 
county  superintendents  of  public  instruction  shall  have  the  same 
authority  in  respect  to  the  employment  and  dismissal  of  teachers 
under  this  section,  and  in  every  other  respect,  as  is  conferred  in 
other  sections  of  this  chapter;  and  all  contracts  made  under  this 
section  shall  designate  the  minimum  length  of  the  public-school 
term,  which  shall  not  be  less  than  the  average  length  of  the  pub- 
lic-school term  of  the  county  of  the  preceding  year.  The  amount 
paid  such  private  school  for  each  pupil  in  the  public-school 
branches,  based  on  the  average  daily  attendance,  shall  not  exceed 
the  regular  tuition  rates  in  such  school  for  such  branches  of 
study.  Every  school  to  which  aid  shall  be  given  under  this  chapter 
shall  be  a  public  school,  to  which  all  children  living  within  the 
district  between  the  ages  of  six  and  twenty-one  years  shall  be 
admitted  free  of  charge  for  tuition :  Provided,  that  in  case  of 
contract  with  the  teacher  of  a  private  school,  under  this  section, 
tuition  may  be  charged  for  instruction  in  higher  branches  of  study 
not  mentioned  in  section  four  thousand  and  eighty-seven,  if  the 
apportionment  of  funds  for  the  public  school  of  the  district  would 
in  the  opinion  of  the  county  board  of  education  be  insufficient  to 
provide  instruction  in  these  higher  branches  of  study  if  the  public 
school  were  taught  separately.  The  committee  may  admit  pay 
students  over  twenty-one  years  of  age. 

1901,  c.  4,  ss.  33,  65 ;  1903,  c.  435,  s.  15 ;  1905,  c.  533,  s.  12. 

XI.     THE  TREASURER  OF  THE  SCHOOL   FUND. 
Summary:    THE  COUNTY  TREASURER  is  TREASURER  OF  THE  SCHOOL 

FUND,  AND  HE  MUST  GIVE  A  SEPARATE  BOND  FOR  THE  FAITHFUL  DIS- 
CHARGE OF  HIS  DUTIES.  HE  IS  ALSO  REQUIRED  TO  KEEP  AN  ITEMIZED 
RECORD  OF  HIS  RECEIPTS  AND  DISBURSEMENTS  OF  THE  SCHOOL  FUND, 


62  'SECTION  4152. 

AND  TO  PAY  NO  ORDER  FOR  MONEY  UNLESS  PROPERLY  SIGNED  BY  THE 
COMMITTEE  AND  COUNTY  SUPERINTENDENT.  THE  TREASURER  IS  ALSO 
REQUIRED  TO  BE  IN  HIS  OFFICE  ON  THE  LAST  SATURDAY  OF  EACH 
MONTH,  AND  TO  KEEP  AN  ACCOUNT  WITH  EACH  TOWNSHIP  AND  SCHOOL 
DISTRICT.  ANNUALLY  HE  MUST  REPORT  TO  THE  STATE  SUPERINTEND- 
ENT AND  TO  THE  COUNTY  BOARD,  SETTING  FORTH  ALL  THE  MONEY 
TRANSACTIONS  OF  THE  YEAR.  THE  COUNTY  BOARD  MAY  REQUIRE  RE- 
PORTS OFTENER  THAN  ONCE  A  YEAR.  FAILURE  TO  MAKE  PROPER  RE- 
PORTS CONSTITUTES  A  MISDEMEANOR.  THE  COMPENSATION  OF  THE 
TREASURER  IS  TO  BE  FIXED  BY  THE  COUNTY  BOARD,  NOT  TO  EXCEED  2 
PER  CENT  OF  HIS  DISBURSEMENTS. 

4152.  COUNTY  TREASURER  MADE  TREASURER  OF  SCHOOL  FUND  ;  BOND. 
The  county  treasurer  of  each  county  shall  receive  and  disburse  all 
public-school  funds,  and  shall  keep  the  same  separate  and  distinct 
from  all  other  funds;  but  before  entering  upon  the  duties  of 
his  office  he  shall  execute  a  justified  bond,  with  security,  in  an 
amount  to  be  fixed  by  the  board  of  county  commissioners,  not 
less  than  the  moneys  received  by  him  or  by  his  predecessor  during 
the  previous  year,  conditioned  for  the  faithful  performance  of  his 
duties  as  treasurer  of  the  county  school  fund,  and  for  the  pay- 
ment over  to  his  successor  in  office  of  any  balance  of  school  moneys 
that  may  be  in  his  hands  unexpended.  The  bond  of  the  treasurer 
of  the  county  school  fund  shall  be  a  separate  bond,  not  including 
liabilities  for  other  funds,  and  shall  be  approved  by  the  board  of 
county  commissioners,  and  that  board  may  from  time  to  time, 
if  necessary,  require  him  to  strengthen  his  bond. 

COMPENSATION  OF  COUNTY  TREASURER  FOR  RECEIVING  AND  DIS- 
BURSING SCHOOL  FUNDS.  The  county  treasurer  shall  receive  as  com- 
pensation in  full  for  all  services  required  of  him  such  a  sum,  not 
exceeding  one-half  of  one  per  cent  on  moneys  received  and  not  ex- 
ceeding two  and  a  half  per  cent  on  moneys  disbursed  by  him,  as 
the  board  of  county  commissioners  of  the  county  may  allow.  As 
treasurer  of  the  county  school  fund  he  shall  receive  such  sum  as 
the  board  of  education  may  allow  him,  not  exceeding  two  per  cent 
on  disbursements:  Provided,  that  in  counties  where  his  compen- 
sation cannot  exceed  the  sum  of  two  hundred  and  fifty  dollars  the 
said  treasurer  may  be  allowed  a  sum  not  exceeding  two  and  a 
half  per  cent  on  his  receipts  and  his  disbursements :  Provided 
further,  that  the  County  Treasurer  of  Buncombe  County  shall  re- 
ceive as  compensation  in  full  for  all  services  required  of  him 
seventeen  hundred  and  fifty  dollars  per  annum,  paid  pro  rata  from 


SECTIONS  4153-55.  63 

the  county  fund  and  the  school  fund.  The  County  Treasurer  of 
Gaston  County  shall  receive  as  compensation  in  full  for  all  serv- 
ices required  of  him  a  yearly  salary  not  exceeding  twelve  hundred 
dollars,  to  be  fixed  by  the  commissioners  of  said  county.  The 
County  Treasurer  of  Mecklenburg  County  shall  receive  as  com- 
pensation in  full  for  all  services  required  of  him  a  yearly  salary 
not  exceeding  twenty-seven  hundred  and  fifty  dollars,  to  be  fixed 
by  the  commissioners  of  said  county;  said  salaries  to  be  in  *lieu 
of  all  commissions  allowed  by  law.  The  Treasurer  of  Martin 
County  shall  receive  as  his  commissions  two  and  one-half  per  cent 
on  all  money  received  by  him  as  general  county  fund  and  two  and 
one-half  per  cent  on  all  money  disbursed  by  him  as  general  county 
fund.  Commissions  on  school  fund  shall  remain  as  already  pro- 
vided for  by  law. 

1901,  c.  4,  ss.  46,  47 ;  Revisal  1905,  c.  66,  s.  2878. 

4153.  BOND,  ACTION  ON.     The  board  of  county  commissioners 
shall  bring  action  in  the  name  of  the  State  upon  the  relation  of 
such  board  for  any  breach  of  the  bond  of  the  treasurer  of  the 
county  school  fund,  and  on  its  failure  to  bring  such  action  it  may 
be  brought  in  the  name  of  the  State  on  the  relation  of  any  tax- 
payer. 

1901,  c.  4,  s.  47. 

4154.  TO    KEEP   DETAILED   ACCOUNT   OF   RECEIPTS  ;    TO   ACCEPT    MONEY 

ONLY.  The  treasurer  of  the  county  school  fund  shall  keep  a  book 
in  which  shall  be  entered  a  full  and  detailed  account  of  all  public- 
school  moneys  received  by  him,  the  name  of  each  person  paying 
him  school  money,  the  source  from  which  the  same  may  have  been 
derived,  and  the  date  of  such  payment.  In  his  settlement  with 
the  sheriff  or  other  collecting  officer  of  public-school  funds  the 
treasurer  shall  receive  money  only. 
1901,  c.  4.  s.  52. 

4155.  TO    PAY    ONLY    SUCH    ORDERS    AS    ALLOWED    HEREIN.       Every 

order  for  the  payment  of  a  teacher's  salary,  for  building,  repairs, 
school  furnishing  or  for  the  payment  of  money  for  any  purpose 
whatsoever,  before  it  shall  be  a  valid  voucher  for  the  county 
treasurer,  shall  be  signed  first  by  at  least  two  members  of  the 
school  committee,  then  by  the  county  superintendent.  No  order 
shall  be  signed  by  the  county  superintendent  for  more  money 
than  is  to  *the  credit  of  that  district  for  the  fiscal  year,  nor  shall 
he  endorse  the  order  of  any  teacher  who  does  not  produce  a  cer- 
tificate as  required  by  law.  The  treasurer  shall  not  pay  any 


64  SECTIONS  4156-58. 

school  money  for  building  or  repairing  any  schoolhouse  unless 
the  site  on  which  it  is  located  has  been  donated  to  or  purchased 
by  the  county  board  of  education  and  the  deed  for  the  same 
regularly  executed  and  delivered  to  such  board  and  probated  and 
registered  in  the  office  of  the  register  of  deeds  for  the  county 
and  delivered  to  the  clerk  of  the  Superior  Court,  to  be  by  him 
safely  deposited  with  his  valuable  official  papers  and  surrendered 
to  his  successor  in  office. 
1901,  c.  4,  s.  48. 

4156.  TO   BE  AT   HIS   OFFICE   ON   LAST    SATURDAY   IN   MONTH.      The 

treasurer  of  the  county  school  fund  shall,  on  the  last  Saturday 
of  each   month,   attend  at  his  office  for  the  purpose  of  paying 
school  orders,  but  this  shall  not  prevent  the  payment  of  orders 
at  other  times. 
1901,  c.  4,  s.  58. 

4157.  TO  KEEP  AN  ACCOUNT    WITH   EACH   TOWNSHIP   AND  DISTRICT; 

ANNUAL  REPORT  OF  BALANCES.  It  shall  be  the  duty  of  the  treasurer 
of  the  county  school  fund  to  keep  a  book  in  which  he  shall  open 
an  account  with  each  township  in  the  county,  showing  the  amount 
apportioned  to  such  township  by  the  county  board  of  education. 
He  shall  also  open  an  account  with  each  school  district,  showing 
the  amount  apportioned  to  such  district.  He  shall  record  all  pay- 
ments of  school  money,  giving  the  date,  the  amount,  the  person 
to  whom  paid  and  for  what  purpose  paid.  He  shall  balance  the 
account  of  each  township  and  district  annually  on  the  thirtieth 
of  June,  and  shall  report  by  letter  or  printed  circular,  within  ten 
days  thereafter,  such  balances  to  the  county  board  of  education 
and  to  the  school  committee. 
1901,  c.  4,  s.  49. 

4158.  TO    REPORT    ANNUALLY    TO    STATE    SUPERINTENDENT    AND    TO 

COUNTY  BOARD.  The  treasurer  of  the  county  school  fund  shall  re- 
port to  the  State  Superintendent  of  Public  Instruction  on  the  first 
Monday  of  August  of  each  year  the  entire  amount  of  money 
received  and  disbursed  by  him  during  the  preceding  school  year, 
designating  by  items  the  amounts  received,  respectively,  from  prop- 
erty tax,  poll  tax,  liquor  licenses,  fines,  forfeitures  and  penalties, 
auctioneers,  estrays,  from  State  Treasurer  and  from  other  sources. 
He  shall  also  designate  by  item  the  sum  paid  to  teachers  of  each 
race,  respectively,  for  schoolhouses,  school  sites  in  the  several  dis- 
tricts, and  for  all  other  purposes,  specifically  and  in  detail,  by 
item,  and  on  the  same  date  he  shall  file  a  duplicate  of  such  report 


SECTIONS  4159-60.  65 

in  the  office  of  the  county  board  of  education.  He  shall  make 
such  other  reports  as  the  county  board  of  education  of  the  county 
may  require  from  time  to  time.  Whenever  the  sheriff  or  other 
collecting  officer  pays  over  money  to  the  treasurer  of  the  school 
fund  he  shall  designate  the  items  as  indicated  in  this  section, 
and  these  items  shall  be  stated  in  the  receipts  given  by  the  treas- 
urer. 

1901,  c.  4,  ss.  51,  56. 

4159.  DUTIES  ON  EXPIRATION  OF  HIS  TEEM.     Each  treasurer  of 
the  county  school  fund,  in  going  out  of  office,  shall  deposit  in  the 
office  of  the  board  of  education  of  his  county  his  books  in  which 
are  kept  his  school  accounts,  and  all  records  and  blanks  pertain- 
ing to  his  office.     If  the  term  of  office  of  any  treasurer  shall  expire 
on  the  thirtieth  day  of  November  during  any  fiscal  school  year, 
or  if  for  any  reason  he  shall  hold  office  beyond  the  thirtieth  day 
of  November  and  not  for  the  whole  of  the  current  fiscal  school 
year,  he  shall  at  the  time  he  goes  out  of  office  file  with  the  county 
board  of  education  and  with  his  successor  a  report,  itemized,  as 
required  by  the  next  preceding  section,  covering  the  receipts  and 
disbursements  for  that  part  of  the  fiscal  school  year  from  the 
thirtieth  of  June  preceding  to  the  time  at  which  he  turns  over 
the  office  to  his  successor,  and  his  successor  shall  include  in  his 
report  to  the  State  Superintendent  the  receipts  and  disbursements 
for  the  current  fiscal  year. 

1901,  c.  4,  ss.  57,  58. 

4160.  TO  EXHIBIT  BOOKS,  VOUCHERS  AND  MONEY  TO   COUNTY  BOARD. 

The  treasurer  of  the  county  school  fund  shall,  when  required  by 
the  county  board  of  education,  produce  his  books  and  vouchers 
for  examination,  and  shall  also  exhibit  all  moneys  due  the  public- 
school  fund  of  the  county  at  each  settlement  required  by  this 
chapter. 
1901,  c.  4,  s.  50. 

TREASURER  FAILING  TO  REPORT.  If  any  treasurer  of  the  county 
school  fund  shall  fail  to  make  reports  required  of  him  at  the  time 
and  in  the  manner  prescribed,  or  to  perform  any  other  duties 
required  of  him  by  law,  he  shall  be  guilty  of  a  misdemeanor  and 
be  fined  not  less  than  fifty  dollars  and  not  more  than  two  hundred 
dollars  or  imprisoned  not  less  than  thirty  days  nor  more  than  six 
months,  in  the  discretion  of  the  court. 

Revisal  of  1905,  v.  I,  c.  81,  s.  3839. 


66  SECTION  4161. 


XII.     PRIVILEGES  AND   DUTIES   OF  TEACHERS. 

Summary:  ALL  TEACHERS  ARE  EMPLOYED  BY  THE  SCHOOL  COM- 
MITTEE, BUT  CANNOT  BE  DISMISSED  EXCEPT  FOR  CAUSE,  AFTER  WRITTEN 
CHARGES  HAVE  BEEN  PREFERRED  AND  AN  INVESTIGATION  HELD.  No 
CONTRACT  IS  LEGAL  UNLESS  IT  WAS  ENTERED  INTO  WITH  THE  COM- 
MITTEE AT  A  REGULARLY  CALLED  MEETING,  AND  UNLESS  THE  CON- 
TRACT DOES  NOT  EXTEND  BEYOND  THE  TERM  OF  OFFICE  OF  THE  COM- 
MITTEE, AND  UNLESS  THE  COMPENSATION  WHICH  THE  CONTRACT 
NAMES  IS  WITHIN  THE  SALARY  LIMIT  PRESCRIBED  BY  THE  COUNTY 
BOARD  FOR  THE  PARTICULAR  SCHOOL  CONTRACTED  FOR.  THERE  ARE 

THREE  KINDS  OF  CERTIFICATES THE  ORDINARY  CERTIFICATE  OF  THREE 

GRADES  GRANTED  BY  THE  COUNTY  SUPERINTENDENT;  THE  FIVE-YEAR 
STATE  CERTIFICATE,  WITH  A  MINIMUM  SALARY  OF  $35  PER  MONTH  TO 
THE  HOLDER,  AND  THE  HIGH-SCHOOL  CERTIFICATE,  WITH  A  MINIMUM 
SALARY  OF  $40  PER  MONTH  TO  THE  HOLDER.  THE  STATE  AND  THE 
HIGH-SCHOOL  CERTIFICATES  ARE  GRANTED  BY  THE  STATE  BOARD  OF 
EXAMINERS.  THE  FIRST-GRADE  CERTIFICATE  GIVEN  BY  THE  COUNTY 
SUPERINTENDENT  ENTITLES  THE  HOLDER  TO  TEACH  FOR  TWO  YEARS  ; 
THE  SECOND-GRADE  CERTIFICATE  ENTITLES  THE  HOLDER  TO  TEACH  ONE 
YEAR  AND  LIMITS  THE  HOLDER'S  SALARY  TO  $25  PER  MONTH.  HOLD- 
ERS OF  THIRD-GRADE  CERTIFICATES  CAN  BE  EMPLOYED  ONLY  AS  ASSIST- 
ANTS. ALL  TEACHERS  MUST  BE  18  YEARS  OF  AGE.  No  DIPLOMA  OF 
ANY  COLLEGE  OR  NORMAL  SCHOOL  GIVES  ITS  HOLDER  THE  RIGHT  TO 
TEACH.  EVERY  TEACHER  MUST  KEEP  CERTAIN  RECORDS  AND  MAKE 
CERTAIN  REPORTS  BEFORE  HE  CAN  COLLECT  HIS  SALARY,  AS  WELL  AS 
ENCOURAGE  MORALITY  AND  GOOD  ORDER  AND  MAINTAIN  DISCIPLINE. 
EVERY  TEACHER  is  REQUIRED  ONCE  EVERY  TWO  YEARS  TO  ATTEND  THE 
COUNTY  INSTITUTE,  IF  HELD.  IMMORAL  AND  WILLFULLY  DISOBEDIENT 
PUPILS  MAY  BE  DISMISSED  BY  THE  TEACHER.  THERE  IS  NO  REGULA- 
TION FORBIDDING  CORPORAL  PUNISHMENT. 

4161.  SCHOOL  COMMITTEE  TO  EMPLOY  AND  DISMISS  TEACHERS;  NO- 
TICE; CONTRACTS.  The  school  committee  shall  have  authority  to 
employ  and  dismiss  teachers,  but  no  teacher  shall  be  dismissed 
until  charges  shall  have  been  filed  in  writing  with  the  county 
superintendent,  and  after  a  hearing  shall  have  been  had  before  the 
committee  of  the  district  in  which  such  teacher  is  teaching,  after 
two  days'  notice  to  such  teacher.  The  committee  shall  meet  at 
convenient  times  and  places  for  the  employment  of  teachers  for  the 
public  schools,  and  no  teacher  shall  be  employed  by  any  committee 
except  at  a  regularly  called  meeting  of  such  committee,  due  notice 
of  such  meeting  having  been  given  at  three  public  places  by  the 


SECTION  4162.  67 

committee.  The  county  superintendent  shall  be  notified  at  once  by 
the  secretary  of  the  committee  of  the  name  of  the  teacher  elected, 
and  a  copy  of  the  contract,  duly  signed  and  recorded,  shall  be  filed 
with  the  county  superintendent ;  and  no  voucher  for  the  salary  of 
a  teacher  of  any  school  shall  be  signed  by  any  county  superin- 
tendent unless  a  copy  of  such  teacher's  contract  has  been  filed  with 
him  as  herein  provided,  and  unless  he  shall  have  received  satisfac- 
tory evidence  that  such  teacher  has  been  elected  in  strict  accord- 
ance with  this  section.  No  contract  for  teachers'  salaries  shall  be 
made  during  any  year  to  extend  beyond  the  term  of  office  of  the 
committee,  nor  for  more  money  than  accrues  to  the  credit  of  the 
district  for  the  fiscal  year  during  which  the  contract  is  made. 
1901,  c.  4,  ss.  20,  22,  34 ;  1901,  c.  3,  s.  1 ;  1903,  c.  435,  ss.  7,  16. 

4162.  EXAMINATION  ;  PROFICIENCY  ;  GRADES.  On  the  second  Thurs- 
day of  July  and  October  of  every  year  the  county  superintendent 
of  schools  of  each  county  shall  publicly  examine  all  applicants  of 
good  moral  character  for  teachers'  certificates  on  all  subjects  re- 
quired to  be  taught  in  the  public  schools,  and  also  on  the  theory 
and  practice  of  teaching ;  and  the  county  superintendent  may  con- 
tinue the  examination  from  day  to  day,  if  necessary,  until  all 
applicants  have  been  examined;  and,  with  the  approval  of  the 
county  board  of  education,  he  may,  after  giving  at  least  ten  days' 
notice,  hold  public  examinations  on  two  other  dates  during  the 
year.  All  examinations  of  teachers  shall  be  held  at  the  county 
courthouse,  but  for  the  convenience  of  teachers  the  county  superin- 
tendent may  designate  another  place :  Provided  due  notice  of  the 
time  and  the  place  shall  have  been  given.  No  private  examination 
of  applicants  for  teachers'  certificates  shall  be  given  by  the  county 
superintendent  unless  a  reasonable  excuse  shall  be  rendered  for 
failure  to  attend  the  public  examination;  and  for  every  private 
examination  each  applicant  for  a  certificate  shall  pay  in  advance 
to  the  county  superintendent  a  fee  of  three  dollars,  to  be  paid  by 
him  to  the  treasurer  of  the  county  school  fund,  to  be  placed  to  the 
credit  of  the  general  school  fund  of  the  county.  A  general  aver- 
age of  ninety  per  cent  and  over  shall  entitle  the  applicant  to  a 
first-grade  certificate;  a  general  average  of  eighty  per  cent  and 
less  than  ninety  per  cent  shall  entitle  the  applicant  to  a  second- 
grade  certificate,  and  a  general  average  of  seventy  per  cent  and 
less  than  eighty  per  cent  shall  entitle  the  applicant  to  a  third- 
grade  certificate.  No  certificate  shall  be  valid  except  in  the  county 
in  which  it  is  issued.  First-grade  certificates  shall  be  valid  for 
two  years  from  date  of  issue ;  other  grades  of  certificates  shall  be 


68  SECTION  4162. 

valid  for  only  one  year  and  shall  not  be  renewed  except  upon 
examination.  The  county  superintendent  may  invite  competent 
persons  to  assist  in  the  examination  of  applicants  for  certificates, 
and  he  shall  file  in  his  office  a  copy  of  all  examination  questions, 
and  also  preserve  for  at  least  one  year  the  examination  papers 
and  grades  of  all  applicants  for  certificates,  and  upon  request  of 
the  State  Superintendent  of  Public  Instruction  he  shall  send  all 
examination  papers  and  their  gradation  and  a  copy  of  all  exami- 
nation questions  to  the  office  of  the  State  Superintendent  of  Public 
Instruction:  Provided,  that  the  State  Superintendent  of  Public 
Instruction,  in  lieu  of  the  provisions  of  this  section  in  reference 
to  the  examination,  the  gradation  and  the  certification  of  teach- 
ers, may  in  his  discretion  provide  for  a  uniform  system  of  grada- 
tion, examination  and  certification  of  public-school  teachers,  pre- 
scribing the  examination,  the  time  and -manner  of  conducting  the 
same,  and  also  for  making  provision  for  the  classification  of 
teachers'  certificates  into  primary,  intermediate  and  high  school. 

In  addition  to  the  three  grades  of  certificates  herein  provided,  a 
certificate  known  as  State  certificate,  signed  by  the  State  Super- 
intendent and  Board  of  Examiners,  hereinafter  provided,  shall  be 
issued  to  any  person  who  upon  examination  by  said  board  of  ex- 
aminers shall  make  a  general  average  of  not  less  than  ninety  per 
cent.  Said  examination  shall  be  in  writing  and  may  be  conducted 
before  the  county  superintendent  of  public  instruction  in  anji 
county  or  before  any  person  selected  by  said  board  of  examiners, 
under  such  rules  and  regulations  as  said  board  may  adopt,  but 
the  questions  for  such  examination  shall  be  furnished  by  said 
board  of  examiners,  and  said  board  shall  meet  at  the  call  of  the 
State  Superintendent  of  Public  Instruction  to  examine  and  grade 
all  papers  submitted  by  applicants  for  such  State  certificate.  The 
State  Superintendent  of  Public  Instruction  shall  be  ex  offlcio  chair- 
man of  said  board,  and  the  chief  clerk  in  the  office  of  the  State 
Superintendent  of  Public  Instruction  shall  be  ex  officio  secretary 
of  the  said  board,  and  shall  be  paid  out  of  the  State  Treasury 
three  hundred  dollars  annually  as  compensation  for  additional 
services  as  secretary,  and  all  persons  who  desire  to  be  examined 
for  a  State  certificate  shall  file  an  application  writh  the  State  Su- 
perintendent of  Public  Instruction,  who  shall  notify  such  person 
when  and  where  such  examination  will  be  held:  Provided,  that 
no  person  shall  be  permitted  to  stand  such  examination  without 
first  filing  with  the  State  Superintendent  of  Public  Instruction  a 
statement  from  the  county  superintendent  of  public  instruction  of 


SECTION  4163.  69 

the  county  in  which  said  applicant  last  taught  that  said  applicant 
holds  a  first-grade  certificate  and  has  taught  successfully  at  least 
one  year.  Said  State  certificate  shall  be  valid  in  any  county  in 
the  State,  and  no  other  examination  or  certificate  as  a  prerequisite 
for  teaching  a  public  school  shall  be  required  of  any  person  hold- 
ing such  State  certificate  for  a  period  of  five  years  from  the  date 
of  issue  of  said  State  certificate,  and  the  minimum  salary  paid  to 
any  teacher  holding  such  State  certificate  shall  be  thirty-five  dol- 
lars per  month.  Said  board  of  examiners,  under  the  direction  of 
the  State  Superintendent  of  Public  Instruction,  shall  examine  all 
teachers  who  apply  to  the  State  'Superintendent  for  a  high-school 
teacher's  certificate,  and  said  examination  shall  be  conducted  in 
the  same  manner  as  the  examination  for  State  certificates,  as 
herein  provided.  Said  State  Board  of  Examiners  shall  consist  of 
not  less  than  three  (3)  and  not  more  than  five  (5)  practical  school 
teachers,  who  shall  be  appointed  by  the  State  Board  of  Education 
upon  the  recommendation  of  the  State  Superintendent  of  Public 
Instruction,  and  they  shall  hold  office  for  a  term  of  four  (4) 
years;  and  the  members  of  said  board  actually  serving  shall  be 
paid  a  per  diem  of  four  (4)  dollars  per  day  during  the  time  that 
they  are  actually  engaged,  and  in  addition  shall  be  repaid  all 
money  actually  expended  by  them  in  payment  of  necessary  ex- 
penses while  so  engaged,  to  be  paid  out  of  the  public  fund,  and 
they  shall  make  out  and  swear  to  an  itemized  statement  of  such 
expenses:  Provided,  that  the  State  Superintendent  of  Public 
Instruction  shall  not  be  allowred  any  per  diem  for  services  as 
chairman  of  said  board  of  examiners. 

1905,  c.  533,  s.  9 ;  1901,  c.  4,  s.  37 ;  1C07,  c.  835 ;  1911,  c.  135. 

[No  private  examination  should  be  given  unless  the  applicant 
was  prevented  from  attending  the  regular  examination  on  account 
of  providential  hindrances.] 

4163.  AGE,  QUALIFICATIONS,  CERTIFICATES,  GRADES  AND  PAY  OF; 
SCHOOL  MONTH  DEFINED.  No  person  shall  be  employed  as  a  teacher 
who  does  not  produce  a  certificate  from  the  county  superintend- 
ent or  State  Superintendent  of  Public  Instruction,  dated  within 
the  time  prescribed  by  law  and  continuing  to  the  end  of  the  term. 
No  certificate  to  teach  shall  be  issued  to  any  person  under  eighteen 
years  of  age.  Teachers  of  second  grade  shall  receive  not  more 
than  thirty-five  dollars  per  month  out  of  the  public  fund,  and 
teachers  of  the  first  grade  may  receive  such  compensation  as  shall 
be  agreed  upon.  Teachers  of  the  third  grade  shall  receive  not 


70  SECTION  4164. 

more  than  twenty  dollars  per  month,  but  no  third-grade  certificate 
shall  be  renewed  and  no  holder  of  a  third-grade  certificate  shall 
be  employed  except  as  an  assistant  teacher.  No  teacher  shall  re- 
ceive any  compensation  for  a  shorter  term  than  one  month,  unless 
providentially  hindered  from  completing  the  term.  Twenty  school 
days  of  not  less  than  six  hours  nor  more  than  seven  hours  each 
day  shall  be  a  month.  The  school  term  shall  be  continuous,  as 
far  as  practicable.  All  laws  and  clauses  of  laws  granting  to  or 
conferring  upon  the  graduates  or  ex-students  or  students  of  any 
institution  of  learning,  private  or  public,  within  this  State  or  else- 
where, immunity,  exemption  or  freedom  from  the  operation  of 
laws  of  this  State  requiring  persons  who  desire  to  teach  in  free 
public  schools  of  the  State  to  submit  to  and  pass  regular  examina- 
tions before  the  county  superintendents  before  being  duly  qualified 
to  serve  as  such  teachers  are  hereby  repealed.  The  county  board 
of  education  shall  fix,  within  the  limits  above  prescribed,  the 
maximum  salary  to  be  paid  to  teachers  in  each  school  in  the 
county. 

1901,  c.  4,  ss.  22,  24,  27,  34 ;  1901,  c.  3,  s.  2 ;  1901,  c.  535 ;  1903, 
c.  435,  ss.  9,  16 ;  1911,  c.  135. 

[Committeemen  cannot  contract  to  pay  any  teacher  more  than 
the  salary  fixed  for  the  school  ~by  the  county  'board.'] 

4164.  SALARY,  HOW  PAID;  CLOSING  SCHOOLS  FOR  NONATTENDANCE 
OF  PUPILS.  At  the  end  of  every  term  of  a  public  school  the 
teacher  or  principal  of  the  school  shall  exhibit  to  the  school  com- 
mittee a  statement  of  the  number  of  pupils,  male  and  female, 
the  average  daily  attendance,  the  length  of  term  and  the  time 
taught.  If  the  committee  is  satisfied  that  the  provisions  of  this 
chapter  have  been  complied  with,  they  shall  give  an  order  on  the 
treasurer  of  the  county  school  fund,  payable  to  such  teacher,  for 
the  full  amount  due  for  services  rendered;  but  monthly,  and,  if 
required  by  the  county  superintendent,  weekly  statements  and 
reports  shall  be  made  by  the  teacher  to  the  committee  and  to  the 
county  superintendent.  Orders  on  the  treasurer  shall  be  valid 
when  signed  by  two  members  of  the  committee  and  countersigned 
by  the  county  superintendent.  When  a  monthly  or  weekly  report 
of  any  school  wrhere  the  district  does  not  contain  over  one  hun- 
dred and  fifty  children  showrs  an  average  daily  attendance  of  less 
than  one-fifth  of  the  school  census,  the  committee  may,  with  the 
approval  of  the  county  superintendent  of  schools,  order  the  school 
to  be  closed,  and  the  money  due  such  school  shall  remain  to 


SECTION  4165.  71 

the  credit  of  that  school;  but  all  funds  remaining  to  the  credit 
of  such  school  at  the  close  of  the  school  year,  unused  because  of 
nonattendance,  shall  be  returned  to  the  general  fund  for  reappor- 
tionment,  unless  such  nonattendance  shall  have  been  caused  by 
providential  or  other  unavoidable  causes;  and  the  county  board 
of  education,  upon  the  recommendation  of  the  county  superin- 
tendent, shall  have  authority  to  close  any  school  for  either  race 
in  any  township  before  it  shall  have  continued  for  the  average 
length  of  school  term  for  the  township  in  case  the  attendance  does 
not  justify  the  continuance  of  the  school,  and  the  money  remain- 
ing to  the  credit  of  such  district  thus  closed  for  nonattendance 
shall  be  returned  to  the  general  school  fund. 

1901,  c.  4,  ss.  23,  24 ;  1903,  c.  435,  ss.  8,  9 ;  1905,  c.  533,  s.  4. 

[Monthly  reports  should  ~be  required  of  every  teacher,  so  that 
this  section  can  ~be  intelligently  carried  out.] 

4165.  KEEP  RECORD;  REPORT  TO  COUNTY  SUPERINTENDENT,  ALSO  TO 
STATE  SUPERINTENDENT,  WHEN.  Every  teacher  or  principal  of  a 
school  to  which  aid  shall  be  given  under  this  chapter  shall  keep 
such  record  of  the  attendance  and  classification  of  pupils  as  shall 
be  prescribed  by  the  State  Superintendent  of  Public  Instruction  or 
the  county  board  of  education ;  and  at  the  end  of  each  term,  and 
when  requested  at  other  times,  every  teacher  or  principal  shall 
report  to  the  county  superintendent  of  schools  in  such  form  and 
manner  and  on  such  blanks  as  shall  be  furnished  by  the  county 
superintendent  of  schools  or  the  State  Superintendent  of  Public 
Instruction.  At  the  end  of  every  term  every  principal  or  teacher 
of  a  public  school  shall  report  to  the  county  superintendent  of 
schools  the  length  of  term  of  the  school,  the  race  for  which  it  was 
taught,  the  number,  the  sex  and  average  daily  attendance  of  the 
pupils,  and  the  number  of  the  district  in  which  the  school  is 
taught,  the  number  of  children  on  census  blank  not  attending  any 
school,  number  of  children  under  seventeen  years  of  age  not  at- 
tending any  school,  stating  some  causes  why  they  did  not  attend ; 
how  many  families  having  children  of  school  age  who  did  not 
send  any  of  their  children  to  school ;  how  many  families  did, 
stating  what  personal  effort  has  been  made  to  get  the  children  to 
attend  school.  The  county  superintendent  shall  not  approve  the 
final  voucher  for  the  salary  of  any  principal  or  teacher  until  all 
reports  have  been  made  according  to  law  and  until  the  register 
has  been  properly  filled  out  and  filed  with  the  county  superin- 
tendent of  schools.  The  principal  or  superintendent  of  every 


72  SECTIONS  4166-67. 

school  or  institution  of  learning  supported  in  whole  or  in  part 
by  public  funds  shall  report  to  the  State  Superintendent  at  such 
time  and  in  such  form  as  he  may  direct,  and  shall  also  report  to 
the  county  superintendent  of  the  county  in  which  such  school  or 
institution  of  learning  is  situated. 

1901,  c.  4,  ss.  64,  66;  1903,  c.  435,  s.  21;  1903,  c.  533,  s.  11. 

[The  county  superintendent  should  always  require  all  reports 
to  be  fully  and  accurately  signed  before  he  signs  the  teacher's 
voucher  for  the  last  month's  salary.] 

4166.  TO    MAINTAIN    ORDER    AND    ENCOURAGE    VIRTUE;     TO    DISMISS 

IMPROPER  PUPILS.  It  shall  be  the  duty  of  all  teachers  of  free 
public  schools  to  maintain  good  order  and  discipline  in  their 
respective  schools;  to  encourage  morality,  industry  and  neatness 
in  all  of  their  pupils,  and  to  teach  thoroughly  all  branches  which 
they  are  required  to  teach.  Pupils  who  willfully  and  persistently 
violate  the  rules  of  the  school  and  any  of  immoral  life  and  char- 
acter shall  be  dismissed  by  the  teacher. 
1901,  c.  4,  s.  63. 

4167.  TEACHERS'    INSTITUTES    AND    SCHOOLS,    HOW    CONDUCTED; 
TEACHERS  MUST  ATTEND.     The  county  board  of  education  of  every 
county  shall  biennially  appropriate  an  amount  not  less  than  two 
hundred  dollars  nor  more  than  two  hundred  and  fifty  dollars  out 
of  the  public  school  funds  of  the  county,  the  definite  amount  be- 
tween the  minimum  and  the  maximum  thus  fixed  to  be  determined 
by  the  State  Superintendent  of  Public  Instruction,  for  the  purpose 
of  conducting  biennially  a  teachers'  institute  and  school  for  the 
training  of  the  public-school  teachers  of  the  county  at  some  con- 
venient   and    satisfactory    place.     The    biennial    county    teachers' 
institute  and   school  provided  for   in  this  section   shall   be  con- 
ducted by  some  practical  teacher  or  teachers  appointed  by  the 
State  Superintendent  of  Public  Instruction,  at  such  time  and  place 
as  shall  be  determined '  by   the   State   Superintendent   of  Public 
Instruction,  after  consultation  with  the  county  superintendent  of 
schools    and    the    county    board    of    education.     All   public-school 
teachers  of  the  State  and  all  high-school  and  graded-school  teach- 
ers are  hereby  required  to  attend  biennially  some  county  teachers' 
institute  or  accredited  summer  school  continuously  for  a   term 
of  not  less  than  two  weeks,  unless  providentially  hindered;  and 
failure  so  to  attend  such  institute  or  summer  school  shall  be  cause 
for  debarring  any  teacher,  so  failing,  from  teaching  in  any  of  the 
public  schools,  high  schools,  or  graded  schools  of  the  State  until 


SECTION  4167.  73 

such  teacher  shall  have  attended,  as  required  by  law,  some  county 
institute  or  accredited  school  as  herein  provided  for.  The  rules 
and  regulations  governing  all  teachers'  institutes,  the  course  of 
study  to  be  pursued  and  the  proper  credits  for  attendance  on  the 
same  shall  be  prescribed  by  the  State  Superintendent  of  Public 
Instruction;  and  proper  and  just  provision  shall  be  made  for  the 
training  of  the  teachers  •  of  each  race  in  separate  institutes  and 
schools :  Provided,  that  counties  whose  total  annual  public  school 
fund  is  less  than  eight  thousand  dollars  may  arrange  with  an 
adjoining  county  for  holding  a  biennial  teachers'  institute  and 
school,  as  herein  provided  for,  making  such  biennial  appropria- 
tion and  arrangement  with  an  adjoining  county  as  shall  be  equita- 
ble and  satisfactory,  which  appropriation  and  arrangement  and 
the  terms  of  the  same  shall  first  be  approved  by  the  State  Super- 
intendent of  Public  Instruction ;  and  Provided  further,  that  a  prop- 
erly signed  certificate  of  continuous  attendance  at  some  summer 
school  of  good  standing  for  a  period  of  not  less  than  three  weeks 
may  be  accepted  by  the  county  superintendent  of  schools  as  a 
substitute  for  attendance  on  the  biennial  teachers'  institute  and 
school  herein  provided  for,  under  such  rules  and  regulations  as 
shall  be  prescribed  by  the  State  Superintendent  of  Public  Instruc- 
tion. 

1905,  c.  533,  s.  5 ;  1903,  c.  435,  s.  10 ;  1901,  c.  4,  s.  26 ;  1911,  c.  135. 

XIII.     RURAL   LIBRARIES. 

Summary:  IN  ANY  SCHOOL  DISTBICT,  INCORPORATED  TOWNS  HAV- 
ING AS  MANY  AS  1,000  INHABITANTS  EXCEPTED,  THERE  MAY  BE  ESTAB- 
LISHED A  SCHOOL  LIBRARY.  THE  PATRONS  AND  FRIENDS  OF  THE 
SCHOOL  ARE  REQUIRED  TO  RAISE  BY  PRIVATE  DONATIONS  AS  MUCH  AS 
$10  AND  TENDER  IT  TO  THE  COUNTY  TREASURER.  THEREUPON  THE 
COUNTY  BOARD  OF  EDUCATION  SHALL  APPROPRIATE  $10  OUT  OF  THE 
GENERAL  SCHOOL  FUND  OF  THE  COUNTY,  AND  THE  COUNTY  SUPERIN- 
TENDENT SHALL  CERTIFY  THE  SAME  TO  THE  STATE  SUPERINTENDENT. 

THE  STATE  SUPERINTENDENT  is  THEN  REQUIRED  TO  SEND  $10  FROM 
THE  STATE  APPROPRIATION  TO  THE  TREASURER  OF  THE  COUNTY,  AND 
THE  $30  USED  IN  THE  PURCHASE  OF  BOOKS  SELECTED  FROM  A  LIST 
APPROVED  BY  THE  STATE  SUPERINTENDENT.  THE  COUNTY  BOARD  IS 
REQUIRED  TO  FURNISH  OUT  OF  THE  GENERAL  SCHOOL  FUND  A  NEAT 
BOOKCASE,  WITH  LOCK  AND  KEY.  THE  LIBRARY  THUS  ESTABLISHED 
SHALL  BE  CONDUCTED  UNDER  RULES  AND  REGULATIONS  PRESCRIBED  BY 
THE  STATE  SUPERINTENDENT.  LIBRARIES  MA'Y  BE  ENLARGED  BY  THE 
ADDITION  OF  $15  WORTH  OF  BOOKS,  $5  OF  WHICH  MUST  BE  RAISED  BY 


74  SECTIONS  4172-75. 

PBIVATE  DONATIONS,  $5  BE  APPROPRIATED  OUT  OF  THE  GENERAL  COUNTY 
SCHOOL  FUND  AND  $5  BE  GIVEN  OUT  OF  THE  STATE  APPROPRIATION; 
AND  THE  ADDITIONAL  BOOKS  MUST  BE  SELECTED  FROM  A  LIST  APPROVED 
BY  THE  STATE  SUPERINTENDENT. 

NOTE. — Sections  4168-4171  relate  to  Indians  of  Robeson  County 
and  are  printed  after  rural-library  sections. 

4172.  How  ESTABLISHED;  DUTIES  OF  SCHOOL  OFFICIALS;  MANAGER 
APPOINTED.     Whenever  the  patrons  and  friends  of  any  free  public 
school  in  which  a  library  has  not  already  been  established  by  aid 
of  the  State  shall  raise  by  private  subscription  and  tender  to  the 
treasurer  of  the  county  school  fund  for  the  establishment  of  a 
library  to  be  connected  with  such  school  the  sum  of  ten  dollars, 
the  county  board  of  education  shall  appropriate  from  the  "general 
county  school  fund  the  sum  of  ten  dollars  for  this  purpose,  and 
shall  appoint  one  intelligent  person  in  the  school  district  the  man- 
ager of  such  library.     The  county  board  shall  also  appoint  one 
competent  person,  well  versed  in  books,  to  select  books  for  such 
libraries  as  may  be  established  under  these  provisions  from  lists 
of  books  approved  by  the  State  Superintendent  of  Public  Instruc- 
tion. 

1901,  c.  662,  s.  6 ;  1903,  c.  226,  s.  1 ;  1905,  c.  381. 

4173.  STATE  BOARD  OF  EDUCATION  TO  CONTRIBUTE.     As  soon  as 
such  board  shall  have  made  an  appropriation  for  a  library  in  the 
manner  prescribed,   the   county  superintendent  shall   inform   the 
secretary  of  the  State  Board  of  Education  of  the  fact,  whereupon 
the  State  board  shall  remit  to  the  treasurer  of  the  county  school 
fund  the  sum  of  ten  dollars  additional  for  the  purchase  of  books. 

1901,  c.  662,  s.  7 ;  1G03,  c.  226,  s.  2 ;  1905,  c.  381,  s.  2. 

4174.  BOOKS   AND   BOOKCASES,    HOW   PURCHASED.     Within   thirty 
days  after  the  payment  of  the  money  to  the  treasurer   of  the 
county  school  fund,  the  person  appointed  to  select  the  books  shall 
submit  the  list  of  books  to  be  purchased,  and  prices  of  same,  to 
such  treasurer,  who  shall  order  the  books  at  once.     The  treasurer 
shall  receive  no  compensation  except  his  regular  commission.     The 
county  board  shall  furnish,  at  the  expense  of  the  general  county 
school  fund,  a  neat  bookcase,  with  lock  and  key,  to  each  library, 
upon  application  of  the  county  superintendent. 

1801,  c.  662,  s.  8 ;  1903,  c.  226,  s.  3 ;  1905,  c.  381,  s.  3. 

4175.  RULES  TO  BE  MADE  BY  STATE  SUPERINTENDENT.     The  local 
manager  of  every  library  shall  carry  out  such  rules  and  regula- 


SECTIONS  4176-78.  75 

tions  for  the  proper  use  and  preservation  of  the  books  as  may  be 
established  by  the  State  Superintendent  of  Public  Instruction,  and 
shall,  on  or  before  June  thirtieth  of  each  year,  make  to  the  State 
Superintendent  of  Public  Instruction  such  reports  as  he  shall  re- 
quire. 

1901,  c.  662,  s.  9 ;  1903,  c.  226,  s.  4 ;  1905,  c.  381,  s.  4. 

[The  State  Superintendent  will  furnish  a  copy  of  the  rules  on 
application.] 

.4176.  EXCHANGE  OF  LIBRARIES.  The  local  manager  of  two  or 
more  libraries  may,  by  agreement,  exchange  libraries ;  but  no  ex- 
change shall  be  made  oftener  than  once  in  six  months,  and  no  part 
of  the  expense  of  exchanging  libraries  shall  be  paid  out  of  the 
public  funds. 

1901,  c.  662,  s.  10 ;  1903,  c.  226,  s.  5 ;  1905,  c.  381,  s.  5. 

4177.  ENLARGEMENT   OF  LIBRARIES,   APPROPRIATIONS   FOR.     When- 
ever the  patrons  and  friends  of  any  free  public  school  in  which 
a  library  has  been  established  under  the  provisions  of  this  sub- 
chapter  shall  raise  by  private  subscription  and  tender  to  the  treas- 
urer of  the  county  school  fund  the  sum  of  five  dollars  for  the  en- 
largement of  the  library,  the  county  board  of  education  shall  ap- 
propriate from  the  general  school  fund  the  sum  of  five  dollars,  and 
the  State  Board  of  Education  shall  remit  to  the  treasurer  of  the 
county  school  fund  the  sum  of  five  dollars.     The  money  thus  col- 
lected and  appropriated  shall  be  used  for  the  enlargement  of  libra- 
ries already  established  under  the  same  rules  and  restrictions  as 
govern  the  establishment  of  new  libraries. 

1903,  c.  226,  s.  6 ;  1905,  c.  381,  s.  6. 

4178.  NUMBER  OF  LIBRARIES  LIMITED  ;  CITIES  AND  TOWNS  EXCLUDED, 
WHEN.     Not  more  than   six   new   libraries,   in  addition  to   those 
already  established,  shall  be  established  biennially  in  any  county 
under  the  provisions  of  the  preceding  sections,  and  not  more  than 
six  libraries  already  established  in  any  county  shall  be  entitled 
biennially  to  the  benefits  of  section  six  of  this  act :     Provided,  that 
after  November  thirtieth,  one  thousand  nine  hundred  and  six,  and 
after  November  thirtieth  of  every  second  year  thereafter,  if  any  of 
the  aforesaid  biennial  appropriation  for  the  years  ending  on  such 
date  shall  still  be  in  the  hands  of  the  State  Treasurer,  any  free 
public  school  which  shall  fulfill  the  conditions  set  forth  in  the  pre- 
ceding sections  shall  be  entitled  to  receive  the  benefits  of  this  act, 
regardless  of  the  number  of  libraries  already  established  in  the 


76  .  SECTIONS  4179-68. 

county  in  which  said  school  is  located,  until  the  aforesaid  balance 
of  each  biennial  appropriation  available  for  the  purpose  is  ex- 
hausted. No  school  district  in  any  incorporated  town  with  a  popu- 
lation exceeding  one  thousand  persons  shall  receive  any  moneys 
under  the  provisions  of  this  act. 

1901,  c.  662,  s.  12 ;  1903,  c.  226,  s.  8 ;  1905,  c.  381,  ss.  8,  9. 

[After  the  biennial  period,  has  passed,  the  libraries  not  taken 
during  that  period  may  be  taken  by  any  county  desiring  them.] 

4179.  ADDITIONAL  APPROPRIATION  OF  STATE  FUNDS.  The  sum  of 
seven  thousand  five  hundred  dollars  of  the  appropriation  for  the 
public  schools  of  the  State  is  hereby  biennially  appropriated  and 
set  apart  to  be  expended  by  the  State  Board  of  Education  under 
the  provisions  of  this  subchapter :  Provided,  that  of  each  biennial 
appropriation  a  sum  not  exceeding  five  thousand  dollars  may  be 
expended  by  the  State  Board  of  Education  in  the  establishment 
of  new  libraries,  and  a  sum  not  exceeding  two  thousand  five  hun- 
dred dollars  may  be  expended  by  the  State  Board  of  Education 
in  the  enlargement  of  libraries  according  to  the  provisions  of  sec- 
tion four  thousand  one  hundred  and  seventy-seven  of  this  sub- 
chapter:  Provided  further,  that  any  balance  of  the  biennial  ap- 
propriation of  two  thousand  five  hundred  dollars  for  the  enlarge- 
ment of  libraries  remaining  in  the  hands  of  the  State  Treasurer 
at  the  end  of  each  biennial  period  shall  be  used  for  the  establish- 
ment of  new  libraries  in  accordance  with  the  provisions  of  section 
four  thousand  one  hundred  and  seventy-two  of  the  Revisal  of  one 
thousand  nine  hundred  and  five  of  North  Carolina. 

1901,  c,  662,  s.  11 ;  1903,  c.  226,  s.  7 ;  1905,  c.  381,  s.  7 ;  1909,  c.  525. 

XIV.     SEPARATE   SCHOOLS   FOR   INDIANS   OF 
ROBESON  COUNTY. 

The  provisions  of  the  school  law  relating  to  the  Croatan  Indians 
of  Richmond,  Sampson,  and  Robeson  counties  are  as  follows : 

416S.  SEPARATE  SCHOOLS  FOR.  The  persons  residing  in  Robeson, 
Sampson,  and  Richmond  counties,  supposed  to  be  descendants  of  a 
friendly  tribe  once  residing  in  the  eastern  portion  of  the  State, 
known  as  Croatan  Indians,  and  their  descendants,  shall  be  known 
and  designated  as  the  Indians  of  Robeson  County,  and  they  and 
their  descendants  shall  have  separate  schools  for  their  children, 
school  committees  of  their  own  race  and  color,  and  shall  be  allowed 
to  select  teachers  of  their  own  choice,  subject  to  the  same  rules 


SECTIONS  4169-71.  77 

and  regulations  as  are  applicable  to  all  teachers  in  the  general 
school  law,  and  there  shall  be  excluded  from  such  separate  schools 
for  the  Indians  of  Robeson  County  all  children  of  the  negro  race 
to  the  fourth  generation. 

1885,  c.  51,  s.  2 ;  1889,  c.  60,  s.  1 ;  1911,  c.  215. 

4169.  COUNTY  BOARD  TO  CAREY  PROVISIONS  INTO  EFFECT.     It  shall 
be  the  duty  of  the  county  board  of  education  to  see  that  the  next 
preceding  section  is  carried  into  effect,  and  shall  for  that  purpose 
have  the  census  taken  of  all  the  children  of  such  Indians  and  their 
descendants  between  the  ages  of  six  and  twenty-one,  and  proceed 
to  establish  such  suitable  school  districts  as  shall  be  necessary  for 
their  convenience,  and  take  all  such  other  and  further  steps  as 
may  be  necessary  for  the  purpose  of  carrying  such  section  into 
effect ;  and  where  any  children,  descendants  of  such  Indians,  shall 
reside  in  any'  district  in  such  counties  of  Robeson  and  Richmond 
in  which  there  are  no  separate  schools  provided  for  their  race  they 
shall  have  the  right  to  attend  any  of  the  public1  schools  in  the 
county  provided  for  their  race,  and  their  share  of  the  public-school 
fund  shall  be  appropriated  to  their  education  upon  the  certificate 
of  the  school  committee  in  the  district  in  which  they  reside  stating 
that  they  are  entitled  to  attend  such  public  schools. 

1885,  .c.  51,  ss.  3,  4. 

4170.  PRO    RATA    SHARE    OF    SCHOOL    FUNDS    KEPT    SEPARATE.      The 

treasurer  of  the  county  school  fund  and  other  proper  authorities 
whose  duties  are  to  collect,  keep  and  apportion  the  school  fund 
shall  procure  from  the  county  board  of  education  the  number  of 
children  in  the  county  between  the  ages  of  six  and  twenty-one, 
belonging  to  such  Indian  race,  and  shall  set  apart  and  keep  sepa- 
rate their  pro  rata  share  of  the  school  funds,  which  shall  be  paid 
out  under  the  same  rules  in  every  respect  as  are  provided  in  the 
general  school  law  and  in  the  next  preceding  section. 
1885,  c.  51,  s.  4. 

4171.  GENERAL  SCHOOL  LAW  APPLICABLE  TO.     The  general  public 
school  law  shall  be  applicable  in  all  respects  to  such  separate 
schools  for  the  Indians  of  Robeson  County,  except  where  such  gen- 
eral law  is  repugnant  to  these  special  provisions  relating  to  such 
schools,  and  these  special  provisions  for  separate  schools  for  Croa- 
tan  Indians  shall  apply  only  to  the  counties  of  Robeson,  Sampson, 
and  Richmond. 

1885,  c.  51,  s.  5;  1911,  c.  215. 


LAWS  RELATING  TO  THE  ADOPTION  OF 
TEXT-BOOKS. 


4057.  CREATED.     The  State  Board  of  Education  is  hereby  consti- 
tuted a  State  Text-book  Commission,  whose  duty  it  is,  acting  con- 
jointly with  the  sub  commission,   to  select  and  adopt   a  uniform 
series  or  system  of  text-books  for  use  in  the  public  schools  in  the 
State  of  North  Carolina,  and  who  shall  serve  without  compensa- 
tion.    The  Governor  shall  be  ex  officio  president  of  such  commis- 
sion and  the  Superintendent  of  Public  Instruction  its  secretary. 

1901,  c.  1,  ss.  1,  2,  7,  20 ;  1911,  c.  118. 

4058.  POWEES  ;  TERM  OF  CONTRACTS   MADE  BY.    The  commission 
may  from  time  to  time  make  any  necessary  regulations,  not  con- 
trary to  the  provisions  of  this  chapter,  to  secure  the  prompt  dis- 
tribution of  the  books  herein  provided  for,  and  the  prompt  and 
faithful  performance  of  all  contracts.    At  any  time  within  six 
months  before  the  expiration  of  the  contracts  now  in  force  for 
furnishing  books  to  the  public  schools,  the  commission  may  adver- 
tise for  new  bids,  or  proposals,  as  required  by  this  chapter,  and 
enter  into  such  other  contracts  as  they  may  deem  best  for  the 
interest  of  the  patrons  of  the  public  schools  of  the  State.    Any 
contract  entered  into  or  renewed  shall  be  for  the  term  of  five 
years. 

4059.  TERM  OF  OFFICE  AND  POWERS.     The  commission  shall  main- 
tain its  organization  during  the  five  years  of  the  continuance  of 
the  contract  now  in  force,  and  at  any  time  within  six  months  be- 
fore the  expiration  of  the  same  shall  advertise  for  new  bids,  or 
proposals,  as  required  by  this  chapter  in  the  first  instance,  and 
enter  into  such  other  contracts  as  it  may  deem  best  for  the  interest 
of  the  patrons  of  the  public  schools  of  the  State ;  and  the  commis- 
sion may  from  time  to  time  make  any  necessary  regulations  not 
contrary  to  the  provisions  of  this  chapter  to  secure  the  prompt 
distribution  of  books  herein  provided  for,  and  the  prompt  and 
faithful  performance  of  all  contracts. 

1901,  c.  1,  s.  14 ;  1911,  c.  118. 

4060.  CHARACTER  AND  REQUISITES  OF  BOOKS  TO  BE  ADOPTED.     The 
uniform  series  of  text-books  to  be  selected  by  the  commission  and 


SECTIONS  4060-62.  79 

the  subcommission  shall  include  the  following  branches,  to  wit: 
Orthography,  defining,  reading,  writing,  drawing,  arithmetic,  ge- 
ography, grammar,  language  lessons,  history  of  North  Carolina  con- 
taining the  Constitution  of  the  State,  history  of  the  United  States 
containing  the  Constitution  of  the  United  States,  physiology,  hy- 
giene, nature  and  effect  of  alcoholic  drinks  and  narcotics,  elements 
of  civil  government,  elements  of  agriculture.  None  of  such  text- 
books shall  contain  anything  of  a  partisan  or  sectarian  character, 
and  all  shall  be  written  or  printed  in  English. 
1901,  c.  1,  ss.  2,  8 ;  1911,  c.  118. 

4061.  EXCLUSIVE  USE  OF  BOOKS  ADOPTED  BY.     The  books  adopted 
by  the  commission  and  subcammission  as  a  uniform  system  of  text- 
books shall  be  introduced  and  used  as  text-books,  to  the  exclusion 
of  all  others,  in  all  the  public  free  schools  in  the  State  for  a  period 
of  five  years  from  the  date  of  adoption ;  and  it  shall  not  be  lawful 
for  any  school  officer,  director  or  teacher  to  use  any  books  upon 
the  same  branches  other  than  those  adopted  by  the  commission. 
Nothing  herein  shall  prevent  the  use  of  supplementary  books,  but 
such  supplementary  books  shall  not  be  used  to  the  exclusion  of  the 
books  prescribed  or  adopted  under  the  provisions  of  this  chapter ; 
nor  shall  anything  herein  prevent  the  teaching  in  any  school  any 
branch  higher  or  one  more  advanced  than  is  embraced  in  the  next 
preceding  section,  nor  the  use  of  any  book  upon  such  higher  branch 
of  study,  but  such  higher  branch  shall  not  be  taught  to  the  exclu- 
sion of  the  branches  mentioned  and  set  out  in  the  next  preceding 
section. 

4062.  CAN  PURCHASE  ELSEWHERE  WHEN  CONTRACTOR  FAILS  TO  SUP- 
PLY ;  TEACHER  ALLOWING  OTHER  BOOKS  DISMISSED.     Nothing  herein 
shall  prevent  or  prohibit  the  patrons  of  the  public  schools  through- 
out the  State  from  procuring  books  in  the  usual  way,  in  case  no 
contract  shall  be  made  or  the  contractor  fails  or  refuses  to  furnish 
the  books  provided  for  in  this  chapter  at  the  time  required  for 
their  use  in  the  respective  schools.     If  any  teacher  shall  willfully 
use  or  permit  to  be  used  in  his  school  any  text-book  upon  the 
branches  embraced   in  this  chapter,   where  the  commission   has 
adopted  a  book  upon  that  branch,  other  than  the  one  so  adopted, 
the  county  board  of  education  shall  discharge  and  cancel  the  cer- 
tificate of  such  teacher  or  school  superintendent ;  but  they  may  use 
or  permit  to  be  used  such  book  or  books  as  may  be  owned  by  the 


80  SECTIONS  4063-65. 

pupils  of  the  school  at  the  time  of  the  adoption  until  such  books 
are  worn  out,  not  exceeding  one  year  from  the  date  of  adoption. 
1901,  c.  1,  ss.  2,  16,  17,  18 ;  1911,  c.  118. 

4063.  SUBCOMMISSION  TO  BE  APPOINTED.    It  shall  l)e  the  duty  of 
the  Governor  and  the  State  Superintendent  of  Public  Instruction  to 
appoint   a   subcommission  of  six  members,   to   be  selected  from 
among  the  teachers  or  county  superintendents  actually  engaged  in 
school  work  in  this  State;  and  members  of  the  subcommission 
actually  serving  shall  be  paid  a  per  diem  of  four  dollars  per  day 
during  the  time  that  they  are  actually  engaged  in  such  service,  and 
in  addition  shall  be  repaid  all  money  actually  expended  by  them 
in  payment  of  necessary  expenses,  to  be  paid  out  of  the  public 
funds  of  the  State  Treasury,  and  they  shall  make  out  and  swear 
to  an  itemized  statement  of  such  expenses. 

1907,  c.  835,  s.  1,  par.  (b)  ;  1911,  c.  118,  s.  1,  par.  (f). 

4064.  OATH  OF  SUBCOMMISSIONEBS.     Each  member  of  the  subcom- 
mission, before  entering  upon  the  discharge  of  his  duties,  shall 
take  and  subscribe  an  oath  to  act  honestly,  conscientiously,  and 
faithfully,  and  that  he  is  not  now,  has  not  within  two  years  prior 
to  his  appointment  been  agent  or  attorney  for  or  in  the  employ- 
ment of  or  interested  in  any  book  or  publishing  house,  concern  or 
corporation  making  or  proposing  to  make  bids  for  the  sale  of 
books,  pursuant  to  the  provisions  of  this  chapter,  and  that  he  will 
carefully  and  faithfully  examine  all  books  submitted,  and  make 
•true  report  thereon,  as  herein  directed  and  prescribed.     Such  oath 
shall  be  filed  in  the  office  of  the  Secretary  of  State. 

1901,  c.  1,  s.  5. 

4065.  EXAMINATION    OF   BOOKS   BY   SUBCOMMISSION,    AND   BEPORT 
THEREON.     To  the  subcommission  shall  be  referred  all  books  sent 
to  the  State  Text-book  Commission  as  specimen  copies  or  samples 
upon  which  bids  are  to  be  based ;  and  it  shall  be  the  duty  of  the 
subcommission,  in  executive  session,  to  examine  and  report  upon 
the  merits  of  the  books,  irrespective  of  the  price,  taking  into  con- 
sideration the  subject-matter  of  the  books,  their  printing,  their 
material  and  their  mechanical  qualities  and  their  general  suita- 
bility and  desirability  for  the  purposes  for  which  they  are  desired 
and  intended.     The  subcommission  shall  report  to  the  commission 
at  such  time  as  the  commission  shall  direct,  arranging  each  book 
in  its  class  or  division  and  reporting  books  in  the  order  of  their 
merit,  pointing  out  the  merits  and  demerits  of  each,  and  indicating 


SECTIONS  4066-67.  81 

what  book  it  recommends  for  adoption  first,  what  book  is  its  sec- 
ond choice,  and  its  third  choice,  and  so  on,  pursuing  this  plan  with 
the  books  submitted  upon  each  branch  of  study;  and  if  the  sub- 
commission  shall  consider  different  books  upon  the  same  subject 
or  of  the  same  class  or  division  of  approximately  even  merit,  all 
things  being  considered,  it  shall  so  report,  and,  if  it  considers  that 
any  book  offered  is  of  such  a  class  as  to  make  it  inferior  and  not 
worthy  of  adoption,  shall  in  its  report  so  designate  such  book.  In 
its  report  it  shall  make  such  recommendations  and  suggestions  to 
the  commission  as  it  shall  deem  advisable  and  proper  to  make. 
1901,  c.  1,  ss.  3,  4. 

4066.  REPORT,  WHEN  OPENED  AND  WHERE  FILED.     The  report  of  the 
subcommission  shall  be  kept  secret  and  sealed  up  and  delivered 
to  the  secretary  of  the  commission,  and  shall  not  be  opened  by  any 
member  of  the  commission  until  the  commission  and  the  subcom- 
mission shall  meet  in  joint  executive  session  to  open  and  consider 
the  bids  or  proposals  of  publishers  or  others  desiring  to   have 
books  adopted  by  the  commission ;  and  when  such  commission  shall 
have  finished  with  such  report  it  shall  be  filed  and  preserved  in  the 
office  of  the  Superintendent  of  Public  Instruction  and  shall  be  open 
at  all  times  for  public  inspection. 

1901,  c.  1,  ss.  4,  6 ;  1911,  c.  118. 

4067.  SELECTION  AND  ADOPTION  OF  BOOKS  BY  THE  COMMISSION  AND 
THE  SUBCOMMISSION.   '  The  commission  and  subcommission  in  their 
selection  and  adoption  of  a  uniform  series  of  text-books  shall  con- 
sider the  merits  of  the  books,  taking  into  consideration  their  sub- 
ject-matter, the  printing,  binding,  material,  and  mechanical  quality, 
their  general  suitability  and  desirability  for  the  purposes  intended, 
and  the  price.     The  Text-book  Commission  and  the  subcommission 
in  joint  session  shall  select  and  adopt  such  books  as  will,  in  their 
judgment,  best  accomplish  the  ends  desired;  and  in  case  any  books 
are  deemed  by  them  suitable  for  adoption  and  more  desirable  than 
other  books  of  the  same  class  or  division  submitted,  and  in  case 
they  consider  the  price  at  which  such  books  are  offered  to  be 
unreasonably   high,   and   that   the  same  should   be  offered  at  a 
smaller  price,  they  are  hereby  authorized  and  directed  to  notify 
immediately  the  publishers  of  such  books  of  their  decision,  and 
request  such  reduction  in  price  as  they  deem  reasonable  or  just; 
and  if  they  shall  agree  on  a  price  with  such  publishers  they  may 
adopt  such  books;  but  upon  failure  to  agree  upon  price,  they  shall 


82  SECTIONS  4068-69. 

use  their  sound  judgment  and  discretion  as  to  the  adoption  of 
those  or  of  other  books  deemed  ~by  them  to  be  the  next  best  in 
the  list  submitted. 

1911,  $.  118,  s.  1,  par.  (h). 

4068.  ADVERTISEMENT  FOE  BIDS.    At  any  time  within  six  months 
before  the  expiration  of  the  now  existing  contracts,  the  commission 
shall  advertise,  in  such  manner  and  for  such  a  length  of  time  and 
at  such  places  as  may  be  deemed  advisable,  that  at  a  time  and 
place  fixed  definitely  in  the  advertisement  sealed  bids  or  proposals 
will  be  received  from  the  publishers  of  school  text-books  for  fur- 
nishing books  to  the  public  schools  in  the  State  of  North  Carolina, 
through  agencies  established  by  the  publishers  in  the  several  coun- 
ties, and  in  the  several  places  in  the  counties  of  the  State  as  may 
be   provided    for    in    such    regulations    as    the   commission    may 
adopt  and  prescribe.    The  advertisement  shall  also  state  in  sub- 
stance the  requirements  of  the  next  succeeding  section  and  shall 
reserve  the  right  to  the  commission  to  reject  all  bids. 

1901,  c.  1,  ss.  1,  7,  11,  14 ;  1911,  c.  118. 

4069.  BIDS,   HOW   MADE;   CONTENTS   OF.    The  bids  or  proposals 
shall  be  for  furnishing  books  for  a  period  of  five  years,  and  no 
longer,  and  no  bid  for  a  longer  period  shall  be  considered.    The 
bids  shall  state  specifically  and  definitely  the  price  at  which  books 
are  to  be  furnished,   and  shall  be  accompanied  by  ten  or  more 
specimen  copies  of  each  and  every  book  proposed  to  be  furnished ; 
and  it  shall  be  required  of  each  bidder  to  deposit  with  the  Treas- 
urer of  the  State  a  sum  of  money,  such  as  the  commission  may 
require,  not  less  than  five  hundred  nor  more  than  twenty-five  hun- 
dred dollars,  according  to  the  number  of  books  each  bidder  may 
propose  to  supply,  and  such  deposits  shall  be  forfeited  absolutely 
to  the  State  if  the  bidder  making  the  deposit  of  any  sum  shall  fail 
or  refuse  to  make  and  execute  such  contract  and  bond,  as  is  here- 
inafter required,  within  such  time  as  the  commission  shall  require. 
All  bids  shall  be  sealed  and  deposited  with  the  Secretary  of  State, 
to  be  by  him  delivered  to  the  commission  when  in  executive  ses- 
sion, for  the  purpose  of  considering  the  same,  when  they  shall  be 
opened  in  the  presence  of  the  commission;  and  each  person  or 
publisher  making  a  bid  for  the  supplying  of  any  books  shall  state 
in  such  bid  or  proposal  the  exchange  price  at  which  such  books 
shall  be  furnished.     It  shall  be  the  duty  of  the  Secretary  of  State 
to  carefully  preserve  in  his  office,  as  the  standard  of  quality  and 
excellence  to  be  maintained  in  such  book  during  the  continuance 


SECTIONS  4070-71.  83 

of  the  contracts  for  furnishing  the  same,  the  specimen  or  sample 
copies  of  all  books  which  have  been  the  basis  of  any  contract, 
together  with  the  original  bid  or  proposal. 
1901,  c.  1,  ss.  7,  9,  10. 

4070.  BIDS  AND  PROPOSALS   MAY  BE  REJECTED.     The  commission 
shall  have  and  reserve  the  right  to  reject  any  and  all  bids  or 
proposals  if  of  the  opinion  that  any  or  all  should  for  any  reason 
be  rejected ;  and,  in  case  it  fail  from  among  the  bids  or  proposals 
submitted  to  select  or  adopt  any  books  upon  any  of  the  branches 
prescribed  by  this  chapter,  may  readvertise  for  sealed  bids   or 
proposals,  under  the  same  terms  and  conditions  as  before,  and  pro- 
ceed with  its  investigations  in  all  respects  as  in  the  first  instance 
and  as  required  by  the  terms  and  provisions  of  this  chapter ;  and 
the  commission  shall  have  and  reserve  the  same  rights  in  cases 
of  advertisement  for  and  presentation  of  bids  and  proposals  for 
manuscripts  and  unpublished  books  hereinafter  provided  for  in 
this  chapter. 

1901,  c.  1,  s.  11. 

4071.  MANUSCRIPTS  AND  UNPRINTED  BOOKS  MAY  BE  ADOPTED.     In 
the  event  that  the  commission  rejects  the  bid  for  furnishing  any 
book,  or  in  case  it  fail  to  adopt  any  book  of  the  classes  required, 
it  may  advertise  for  sealed  bids  or  proposals  from  authors  or 
publishers  of  text-books  who  have  manuscripts  or  books  not  yet 
published,  for  prices  at  which  they  will  publish  and  furnish  in 
book  form  such  manuscripts  for  use  in  the  public  schools  of  North 
Carolina,   proceeding   in   like  manner  as   in  bids   for   furnishing 
books ;  but  the   State   itself  shall  not   under   any  circumstances 
enter  into  any  contract  binding  it  to  pay  for  the  publication  of  any 
book,  but  in  the  contract  with  the  owner  of  the  manuscript  it  shall 
be  provided  that  he  shall  pay  the  compensation  to  the  publisher 
for  the  publication  and  putting  in  book  form  the  manuscript,  to- 
gether with  the  cost  and  expense  of  copyrighting  the  same.    All 
such  bids  or  proposals  shall  be  accompanied  with  a  cash  deposit 
of  from  five  hundred  to  twenty-five  hundred  dollars,  as  the  com- 
mission may  direct  and  as  heretofore  provided  in  this  chapter ;  and 
it  is  expressly  provided  that  any  person  now  doing  business  or 
proposing  to  do  business  in  this  State  shall  have  the  right  to  bid 
for  the  contract  to  be  awarded  hereunder  in  manner  as  follows: 
In  response  to  the  advertisement  such  person  may   submit   his 
written  bid  to  edit  or   have  edited,  published  and  supplied  for 
use  in  the  public   schools   in  this   State  any  book  provided  for 


84  SECTIONS  4072-73. 

hereunder.  Instead  of  filing  with  the  bid  or  proposal  a  sample 
or  specimen  or  copy  of  each  book  proposed  to  be  furnished,  he 
may  exhibit  to  the  commission,  in  manuscript  or  printed  form, 
the  matter  proposed  to  be  incorporated  in  any  book,  together 
with  such  a  description  and  illustration  of  the  form  and  style 
thereof  as  will  be  fully  intelligible  and  satisfactory  to  the  com- 
mission, or  he  may  submit  a  book  the  equal  of  which  in  every 
way  he  proposes  to  furnish,  and  he  shall  accompany  his  bid  or 
proposal  with  the  cash  deposit  hereinbefore  required.  All  such 
books  and  manuscripts  shall  be  examined  and  reported  upon  by  the 
subcommission  before  being  adopted. 
1901,  c.  1,  s.  11. 

4072.  COMMISSION  TO  DELIVEE  SAMPLE  BOOKS  TO  SUBCOMMISSION. 
It  shall  be  the  duty  of  the  commission  to  meet  at  the  time  and 
place  designated  in  the  advertisement  and  take  out  the  sample 
or  specimen  copies  submitted,  upon  which  the  bids  are  based,  and 
refer  and  submit  them  to  the  subcommission,  as  provided  for  and 
directed  in  this  chapter,  with  instructions  to  the  subcommission 
to  report  at  a  time  specified,  with  the  classification  and  recom- 
mendation, as  provided  in  this  chapter. 

1901,  c.  1,  s.  8. 

4073.  ADOPTION  OF  BOOKS.    When  the  report  of  the  subcommis- 
sion is  submitted  it  shall  be  the  duty  of  the  commission  and  the 
subcommission  to  meet  in  joint  executive  session  to  open  and  ex- 
amine all  sealed  proposals  submitted  and  received  in  pursuance  of 
the  notice  or  advertisement  provided  for  in  this  chapter.     It  shall  be 
the  duty  of  the  commission  and  the  subcommission  to  examine  and 
consider  all  such  bids  or  proposals,  together  with  the  report  and 
recommendation  of  the  subcommission,  and  determine,  in  the  man- 
ner provided  in  this  chapter,  what  books,  upon  the  branches  here- 
inabove  mentioned,  shall  be  selected  for  adoption,  taking  into  con- 
sideration  the  size,   quality   as  to   the  subject-matter,    material, 
printing,  binding  and  the  mechanical  execution,  and  price,  and  the 
general  suitability  for  the  purpose  desired  and  intended.    After  the 
selection  or  adoption  shall  have  been  made,  the  commission  shall 
award  the  contracts,  and  shall  by  registered  letter  notify  the  pub- 
lishers or  proposers  to  whom  the  contracts  have  been  awarded. 
But  the  commission  shall  not  in  any  case  contract  with  any  person 
for  the  use  of  any  book  which  shall  be  sold  to  patrons  for  use  in 
any  public  school  in  the  State  in  excess  of  the  price  at  which  such 
book  is  to  be  furnished  by  such  person,  under  contract,  to  any 


SECTIONS  4074-76.  85 

State,  county  or  school  district  in  the  United  States,  under  like 
conditions  as  those  prevailing  in  this  State  and  under  this  chapter. 
1901,  c.  1,  ss.  8,  9 ;  1911,  c.  118. 

4074.  CONTRACT,  HOW  EXECUTED.    Upon  the  awarding  of  the  con- 
tracts it  shall  be  the  duty  of  the  Attorney-General  to  prepare 
the  same  in  accordance  with  the  terms  and  provisions  of  this 
chapter.     On  behalf  of  the  State  the  contracts  shall  be  executed 
by  the  Governor  and  Secretary  of  State,  and  the  seal  of  the  State 
shall  be  set  thereto.    All  such  contracts  shall  be  executed  in  tripli- 
cate, of  which  one  shall  be  kept  by  the  secretary  of  the  commission, 
one  shall  be  'filed  in  the  office  of  the  Secretary  of  State  and  one 
shall  be  retained  by  the  contracting  party.    All  contracts  entered 
into  or  renewed  under  the  provisions  of  this  chapter  shall  be  for 
the  term  of  five  years. 

1901,  c.  1,  ss.  8,  14. 

4075.  CONTRACT;  STIPULATIONS  AS  TO  PRICES  AND  EXCHANGE  OF 
BOOKS.     It  shall  be  stipulated  in  each  contract  that  the  contractor 
has  never  furnished  and  is  not  now  furnishing  under  contract 
any  State,  county  or  school  district  in  the  United  States,  where 
like  conditions  prevail  as  are  then  prevailing  in  this  State  and 
under  this  chapter,  the  same  books  as  are  embraced  in  the  con- 
tract at  a  price  below  that  stipulated  in  the  contract;  and  the 
commission  is  hereby  authorized  and  directed,  at  any  time  that 
it  may  find  that  any  books  have  been  sold  at  a  lower  price  under 
contract  to  any  State,  county  or  school  district,  to  sue  upon  the 
bond  of  the  contractor  and  recover  the  difference  between  the 
contract  and  the  lower  price  for  which  books  have  been  sold ;  and 
it  shall  also  be  stipulated  in  the  contract  that  the  contractor  shall 
take  up  school  books  in  use  in  this  State  at  the  date  of  such  con- 
tract, and  receive  the  same  in  exchange  for  new  books,  allowing  a 
price  for  such  old  books  not  less  than  fifty  per  cent  of  the  contract 
price  of  the  new  books. 

1901,  c.  1,  ss.  9, 10. 

4076.  CONTRACT,  AS  TO  LIABILITY  OF  STATE.     It  shall  always  be  a 
part  of  the  terms  and  conditions  of  every  contract  made  in  pur- 
suance of  this  chapter  that  the  State  of  North  Carolina  shall  not 
be  liable  to  any  contractor  in  any  manner  for  any  sum  whatever, 
but  all  such  contractors  shall  receive  their  pay  and  compensation 
solely  and  exclusively  from  the  proceeds  of  the  sale  of  books,  as 
provided  for  in  this  chapter. 

1901,  c.  1,  s.  10. 


86  SECTIONS  4077-80. 

4077.  CONTBACTS    MAY   BE   CHANGED   OB  ALTEBED.      Nothing   in   this 

chapter  shall  prevent  the  commission  and  any  contractor  agree- 
ing thereto  from  in  any  manner  changing  or  altering  any  con- 
tract, if  four  members  of  the  commission  shall  agree  to  the  change 
and  think  it  advisable  and  for  the  best  interest  of  the  public 
schools  of  the  State. 
1901,  c.  1,  s.  9. 

4078.  BOOKS   MUST  COME  UP  TO  SAMPLE.     The  books  furnished 
under  any  contract  shall  at  all  times  during  the  existence  of  the 
contract  in  all  respects  be  equal  to  the  specimen  or  sample  copies 
furnished  with  the  bid. 

1901,  c.  1,  s.  9. 

4079.  BOND  OF  CONTEACTOB.    At  the  time  of  the  execution  of  the 
contract  the  contractor  shall  enter  into  a  bond  in  the  sum  of  not 
less  than  ten  thousand  dollars,  payable  to  the   State  of  North 
Carolina,  the  amount  of  the  bond  within  such  limits  to  be  fixed 
by  the  commission,  conditioned  for  the  faithful,  honest  and  exact 
performance  of  his  contract,   and  shall  further  provide  for  the 
payment  of  reasonable  attorneys'  fees  in  case  of  recovery  in  any 
suit  upon  the  same,  with  three  or  more  good  and  solvent  sureties, 
actual  citizens  and  residents  of  this  State,  or  any  guaranty  com- 
pany authorized  to  do  business  in  this  State  may  become  the  surety 
on  such  bond;  and  it  shall  be  the  duty  of  the  Attorney-General  to 
prepare  and  approve  such  bonds.    The  commission  may  at  any 
time,  by  giving  thirty  days'  notice,  require  additional  security  or 
additional  bond. 

1901,  c.  1,  ss.  8,  9. 

4080.  ACTIONS  ON  THE  BOND.     In  case  any  contractor  shall  fail 
to  execute  specifically  the  terms  and  provisions  of  his  contract, 
the  commission  is  hereby  empowered  and  directed  to  bring  an 
action  upon  the  bond  of  such  contractor  for  the  recovery  of  any 
and  all  damages.     Such  action  shall  be  in  the  name  of  the  State 
of  North  Carolina,  and  the  recovery  shall  be  for  the  benefit  of  the 
public-school  fund  of  the  State  and  counties,  and  wrhen  collected 
shall  be  placed  in  the  treasury  of  the  school  fund.    The  bond 
shall  not  be  exhausted  by  a  single  recovery,  but  may  be  sued  on 
from  time  to  time  until  the  full  amount  thereof  shall  be  recovered. 
And  it  is  expressly  provided  that  should  any  party  contracting  to 
furnish  books,  as  provided  for  in  this  chapter,  fail  to  furnish  them 
or  otherwise  break  his  contract,  in  addition  to  the  right  of  the 
State  to  sue  on  the  bond  hereinabove  required,  the  chairman  of  the 


SECTIONS  4081-82.  87 

county  board  of  education  or  any  member  thereof  may  sue  in  the 
name  of  the  State  in  the  courts  of  the  State  having  jurisdiction, 
and  recover  on  such  bond  the  full  value  of  the  books  so  failed  to 
be  furnished,  for  the  use  and  benefit  of  the  school  fund  of  the 
county.  In  all  such  cases  service  of  process  may  be  made  on  any 
agent  of  the  contractor  in  the  county,  or  if  no  agent  is  in  the 
county,  then  service  may  be  made  on  any  agent  in  charge  of  any 
depository,  and  such  service  shall  be  and  stand  in  the  place  of  serv- 
ice on  the  defendant  contractor. 
1901,  c.  1,  ss.  8,  9,  13. 

4081.  DEPOSITS  BY  BIDDEBS,  WHEN  RETURNED  AND  WHEN  FORFEITED. 
When  any  person  shall  have  been  awarded  a  contract  and  shall 
have  given  the  bond  required,  the  commission,  through  its  secre- 
tary, shall  so  inform  the  Treasurer  of  the  State,  and  it  shall  then 
be  the  duty  of  the  Treasurer  to  return  to  such  contractor  the  cash 
deposit  made  by  him ;  and  the  commission,  through  its  secretary, 
shall  inform  the  Treasurer  of  the  names  of  the  unsuccessful  bidders 
or  proposers,  and  the  Treasurer  shall,  upon  the  receipt  of  this 
notice,  return  to  them  the  amounts  deposited  by  them  in  cash 
at  the  time  of  the  submission  of   their  bids.     But  should   any 
person  fail  or  refuse  to  execute  a  contract  and  give  the  bond,  as 
required  by  this  chapter,  within  thirty  days  after  the  awarding  of 
the  contract  to  him  and  the  mailing  of  the  registered  letter  con- 
taining notice  thereof,  which  shall  be  sufficient  evidence  that  the 
notice  was  given  and  received,  the  cash  deposit  shall  be  deemed 
and  is  hereby  declared  forfeited  to  the  State  of  North  Carolina, 
and  it  shall  be  the  duty  of  the  Treasurer  to  place  such  cash  deposit 
in  the  treasury  of  the  State,  to  the  credit  of  the  school  fund. 

1901,  c.  1,  s.  8. 

4082.  PRICES  TO  BE  PRINTED  ON  BOOKS.     It  shall  be  the  duty  of  all 
contractors  to  print  plainly  on  the  back  of  each  book  the  contract 
price,  as  well  as  the  exchange  price  at  which  it  is  agreed  to  be 
furnished,  but  the  books  submitted  as  sample  or  specimen  copies 
with  the  original  bid  shall  not  have  the  price  printed  on  them 
before  they  are  submitted  to  the  subcommission ;  and  all  books 
shall  be  sold  to  the  consumer  at  the  retail  contract  price,  and  on 
each  book  shall  be  printed  the  following :     "The  price  fixed  hereon 
is  fixed  by  State  contract,  and  any  deviation  therefrom  should 
be  reported  to  your  county  superintendent  of  public  instruction 
or  to  the  State  Superintendent  at  Raleigh." 

1901,  c.  1,  ss.  9,  13,  19. 


88  SECTION  4083. 

4083.  AGENCIES  FOB  THE  DISTRIBUTION  OF  BOOKS  TO  PATBONS  OF 
PUBLIC  SCHOOLS;  PENALTY.  There  shall  be  maintained  in  each 
county  in  the  State  not  less  than  one  and  as  many  more  agencies 
as  the  commission,  upon  recommendation  of  the  county  board  of 
education,  shall  order,  to  be  located  at  such  points  as  the  county 
board  may  recommend,  for  the  distribution  of  books  to  the  patrons, 
or  the  contractor  shall  be  permitted  to  make  arrangements  with 
merchants  or  others  for  the  handling  and  distribution  of  the  books ; 
and  parties  living  in  the  county  where  no  agency  has  been  estab- 
lished or  no  arrangement  made  for  distribution  may  order  the 
same  from  one  of  the  contractors,  and  it  shall  be  the  duty  of 
the  contractor  or  contractors  to  deliver  any  book  so  ordered  to 
the  person  ordering,  to  his  post-office  address,  freight,  express, 
postage  or  other  charges  prepaid,  at  the  retail  contract  price, 
if  the  price  of  the  books  so  ordered  shall  be  paid  in  advance. 
The  contractors  shall  maintain  one  or  more  joint  State  depositories 
at  some  convenient  distributing  point  or  points  in  the  State,  at 
which  shall  be  kept  at  all  times  an  ample  supply  of  all  adopted 
books  for  the  convenient  and  expeditious  supply  of  books  to  the 
local  depositories  in  the  various  counties  of  the  State.  Whenever 
demanded  and  certified  by  the  county  superintendent  of  public  in- 
struction of  any  county  to  be  necessary,  to  secure  and  keep  on  hand 
an  ample  supply  of  books  at  any  local  depository,  the  contractors 
shall  furnish  books  to  such  local  depository  upon  consignment. 
And  every  contractor  shall  be  required  to  keep  on  hand  at  all 
times  at  every  established  agency  in  every  county  an  ample  sup- 
ply of  books  to  meet  all  demands  of  patrons  and  purchasers,  and 
upon  failure  to  do  so,  or  upon  failure  to  establish  agencies  when 
ordered  to  do  so  by  the  commission,  as  directed  herein,  the  con- 
tractor shall  be  liable  to  a  penalty  of  five  hundred  dollars  for 
each  and  every  failure  to  comply  with  the  provisions  of  this 
section,  to  be  sued  for  by  the  Attorney-General  in  the  name  of 
the  State  in  the  Superior  Court  of  the  county  of  Wake,  for  the 
benefit  of  the  school  fund  of  the  county  injured  by  such  failure; 
and  if  any  contractor  against  whom  judgment  shall  be  obtained 
for  such  penalty  shall  fail  to  pay  the  same  within  thirty  days 
after  the  docketing  thereof,  he  shall  forfeit  his  contract,  and  the 
commission  shall  so  declare,  and  shall  thereupon  proceed  to  make 
a  new  contract  for  books  with  some  other  contractor.  The  county 
superintendent  shall  notify  the  contractors  annually  of  the  date 
of  opening  the  public  schools,  at  least  thirty  days  before  they 
open. 

1001,  c.  1,  s.  13;  1903,  c.  691,  ss.  1,  2;  1911,  c.  118,  s.  1,  par.  (1). 


SECTION  4084.  89 

40S4.  CONTRACT  PROCLAIMED  BY  GOVERNOR;  NOTICES  ISSUED  BY 
STATE  SUPERINTENDENT.  As  soon  as  the  commission  shall  have 
entered  into  a  contract  for  the  furnishing  or  supplying  of  books 
for  use  in  public  schools  it  shall  be  the  duty  of  the  Governor  to 
issue  his  proclamation  announcing  such  fact  to  the  people  of  the 
State ;  and  as  soon  thereafter  as  practicable  the  State  Superintend- 
ent shall  issue  a  circular  letter  to  each  county  superintendent  in 
the  State  and  to  such  others  as  he  may  desire,  which  letter  shall 
contain  the  list  of  books  adopted,  the  prices,  location  of  agencies 
and  method  of  distribution,  and  such  other  information  as  he  may 
deem  necessary. 

1901,  c.  1,  ss.  12,  15. 


PUBLIC  HIGH-SCHOOL  LAW. 


AN  ACT  TO  STIMULATE  HIGH-SCHOOL  INSTRUCTION  IN 
THE  PUBLIC  SCHOOLS  OF  THE  STATE,  AND  TEACHER 
TRAINING. 

The  General  Assembly  of  North  Carolina  do  enact: 

HIGH    SCHOOLS    MAY  BE   MAINTAINED  NOT  LESS   THAN   FIVE 
MONTHS    ANNUALLY. 

SECTION  1.  With  the  consent  of  the  State  Board  of  Education, 
the  county  board  of  education  in  any  county  may  in  its  discretion 
establish  and  maintain,  for  a  term  of  not  less  than  five  school 
months  in  each  school  year,  one  or  more  public  high  schools  for 
the  county,  at  such  place  or  places  as  shall  be  most  convenient  for 
the  pupils  entitled  to  attend  and  most  conducive  to  the  purposes 
of  said  school  or  schools. 

HIGH-SCHOOL  COMMITTEE  TO  CONSIST  OF  THREE  PERSONS. 

SEC.  2.  For  each  public  high  school  established  under  this  act  a 
committee  of  three  persons  shall  be  appointed  by  the  county  board 
of  education,  who  shall  be  known  as  the  School  Committee  of 

Public  High  School  of  

County.  The  powers,  duties  and  qualifications  of  said  committee- 
men  shall  be  similar  to  those  of  other  public-school  committeemen. 
They  shall  be  appointed  as  follows :  one  for  a  term  of  two  years, 
one  for  a  term  of  four  years,  and  one  for  a  term  of  six  years;  and 
at  the  expiration  of  the  term  of  any  committeeman  his  successor 
shall  be  appointed  for  a  term  of  six  years :  Provided,  that  in  case 
of  death  or  resignation  of  any  committeeman  his  successor  shall 
be  appointed  for  the  unexpired  term  only.  Within  two  weeks  after 
appointment  the  committee  shall  meet  and  elect  a  chairman  and 
a  secretary  and  enter  upon  the  performance  of  their  duties. 

RULES,    REGULATIONS,    AND   COURSE   OF    STUDY. 

SEC.  3.  All  public  high  schools  established  and  maintained  under 
the  provisions  of  this  act  shall  be  operated  by  the  county  board 
of  education,  under  such  general  rules  and  regulations  as  may  be 


PUBLIC  HIGH  SCHOOLS.  91 

prescribed  by  the  State  Board  of  Education.  The  courses  of  study 
for  such  high  schools  and  the  requirements  for  admission  to  them 
shall  be  prescribed  by  the  State  Superintendent  of  Public  Instruc- 
tion. 

INSPECTION,    CERTIFICATES,    AND    MINIMUM    SALARY   OF   TEACHERS. 

SEC.  4.  It  shall  be  the  duty  of  the  county  board  of  education 
to  locate  all  high  schools  established  under  this  act,  to  furnish 
the  State  Superintendent  of  Public  Instruction  with  such  infor- 
mation relative  to  said  schools  as  he  may  require,  and  to  make 
such  local  rules  and  regulations  for  the  conduct  of  said  schools 
as  may  be  necessary :  Provided,  that  before  any  State  funds  shall 
be  appropriated  for  the  support  of  any  public  high  school  the 
State  Superintendent  of  Public  Instruction  shall  cause  the  same 
to  be  inspected  by  some  competent  person  to  see  that  suitable 
arrangements  have  been  made  for  giving  high-school  instruction 
and  to  enable  said  school  to  conform  to  all  the  requirements  of 
this  act  and  to  the  rules  and  regulations  of  the  State  Board  of 
Education :  Provided  further,  that  no  one  shall  teach  in  any  public 
high  school  that  receives  State  funds  under  this  act  who  does 
not  hold  a  high-school  teacher's  certificate  from  the  State  Super- 
intendent of  Public  Instruction,  who  shall  have  power  to  pre- 
scribe a  standard  of  scholarship  and  examination  for  same;  and 
Provided  further,  that  no  one  shall  be  employed  as  teacher  in 
such  high  school  without  the  approval  and  recommendation  of 
the  county  superintendent.  The  minimum  salary  of  any  public 
high-school  teacher  holding  such  certificate  and  employed  as  high- 
school  teacher  in  such  high  school  shall  be  forty  dollars  per 
school  month. 

HIGH    SCHOOLS    AIDED    MUST    HAVE    THREE    TEACHERS. 

SEC.  5.  Before  any  high  school  shall  be  established  under  the 
provisions  of  this  act,  the  committee  or  committees  establishing 
such  school  shall  first  provide  for  thorough  instruction  for  at 
least  five  months  in  each  school  year  in  all  branches  of  study 
required  to  be  taught  in  the  public  schools  of  the  State;  and  no 
school  shall  be  entitled  to  the  benefit  of  this  act  in  which  less 
than  three  teachers  are  employed. 

[Each  school  must  have  at  least  two  teachers  in  addition  to  the 
high-school  teacher.} 


92  PUBLIC  HIGH  SCHOOLS. 

ARRANGEMENT  FOR  FREE  TUITION  IN  HIGH  SCHOOLS  ALREADY 
•    ESTABLISHED. 

SEC.  6.  The  county  board  of  education  of  any  county  may 
enter  into  an  agreement  with  the  board  of  trustees  or  the  com- 
mittee of  one  public  high  school  of  the  county  to  permit  all  chil- 
dren of  said  county  of  school  age  who  are  prepared  to  enter  such 
high  school  and  all  public-school  teachers  of  said  county  desiring 
high-school  instruction  to  attend  such  school  free,  the  rate  of 
tuition  for  each  pupil  in  each  high-school  grade  to  be  fixed  by 
agreement  with  said  county  board  of  education,  and  paid  as  fol- 
lows :  one-half  out  of  a  fund  set  aside  by  the  county  board  of 
education  from  the  county  school  fund  for  that  purpose,  and  one- 
half  out  of  the  special  State  appropriation  hereinafter  provided, 
under  such  rules  as  the  State  Board  of  Education  may  prescribe : 
Provided,  that  the  sum  apportioned  by  the  county  board  of  edu- 
cation for  this  purpose  shall  not  exceed  five  hundred  dollars,  and 
the  sum  apportioned  by  the  State  Board  of  Education  for  the 
same  purpose  shall  not  exceed  that  apportioned  by  the  county 
board  of  education :  Provided  further,  that  the  course  of  study 
in  such  high  school  shall  be  approved  by  the  State  Superintendent 
of  Public  Instruction. 

CONDITIONS    OF    STATE   AID. 

SEC.  7.  The  county  superintendent  of  schools  in  any  county  in 
which  said  public  high  school  or  high  schools  shall  be  established 
shall  give  due  notice  of  the  same  to  the  State  Board  of  Educa- 
tion before  any  State  funds  shall  be  appropriated  for  the  support 
of  said  school  or  schools ;  and  when  the  county  treasurer  of  any 
county  shall  certify  to  the  State  Superintendent  of  Public  Instruc- 
tion that  as  much  as  two  hundred  and  fifty  dollars  has  been  placed 
to  the  credit  of  any  public  high  school  established  and  inspected 
as  provided  for  in  this  act,  thereupon  a  State  warrant  shall  be 
issued  upon  requisition  of  the  State  Superintendent  of  Public 
Instruction  for  two  hundred  and  fifty  dollars  and  sent  to  the 
treasurer  of  the  county  in  which  such  high  school  is  located,  to 
be  placed  to  the  credit  of  said  high  school  and  paid  out  exclusively 
for  the  support  of  said  high  school  on  the  warrant  of  the  high- 
school  committee,  approved  by  the  county  superintendent  of 
schools.  The  treasurer  of  each  county  in  which  such  public  high 
school  or  schools  shall  be  established  shall  keep  a  separate  ac- 
count of  the  public  high-school  fund,  and  at  the  end  of  each 


PUBLIC  HIGH  SCHOOLS.  93 

school  year  he  shall  make  to  the  State  Superintendent  of  Public 
Instruction  and  to  the  county  board  of  education  a  report  of  all 
receipts  and  disbursements  of  said  fund. 

MAXIMUM  STATE  AID  FIVE  HUNDRED  DOLLARS  AND  NUMBER  OF  SCHOOLS 
AIDED    IN    ONE    COUNTY    LIMITED    TO    FOUR. 

SEC.  8.  If  a  larger  amount  than  two  hundred  and  fifty  dollars 
be  provided  by  taxation  or  by  private  donation  or  by  local  appro- 
priation, or  otherwise,  for  the  support  of  any  public  high  school 
established  and  maintained  under  the  provisions  of  this  act,  then 
the  State  shall  contribute  a  like  amount :  Provided,  that  the 
State  shall  not  contribute  more  than  five  hundred  dollars  in  any 
one  school  year  for  the  support  of  any  one  high  school :  Provided 
further,  that  not  more  than  four  public  high  schools  in  any  one 
county  shall  be  entitled  under  the  provisions  of  this  act  to  receive 
State  funds. 

NO    SCHOOLS    AIDED   IN    TOWNS    OF    MORE    THAN    ONE   THOUSAND 
TWO    HUNDRED. 

SEC.  9.  High  schools  may  not  be  established  under  this  act  in 
towns  of  more  than  twelve  hundred  inhabitants.  Contracts,  how- 
ever, may  be  made  between  the  county  board  of  education  and 
the  committee  or  trustees  of  any  public  or  graded  school  wherein 
high-school  branches  are  taught.  Such  contract  shall  provide  for 
the  admission  to  such  school  of  students  in  high-school  grades  and 
of  public-school  teachers  of  any  township,  townships,  or  of  the 
county,  and  for  the  payment  of  tuition  by  the  county  board  of 
education  for  teachers  and  children  so  attending  from  outside  the 
limits  of  said  school  district,  and  the  tuition  in  no  case  to  exceed 
two  dollars  per  month.  Upon  the  making  and  approval  of  such 
contract  and  the  deposit  with  the  county  treasurer  of  an  amount 
sufficient  to  pay  one-half  of  amount  estimated  to  be  necessary 
for  such  purpose,  either  by  direct  appropriation  by  the  county 
board  of  education  from  a  fund  set  aside  for  that  purpose  or  by 
private  donation,  then  upon  proper  certification  of  such  facts  a 
State  warrant  shall  be  issued  for  equal  amount,  payable  to  county 
treasurer  upon  request  of  the  State  Superintendent  of  Public 
Instruction :  Provided,  that  no  aid  may  be  given  by  the  State 
in  cases  where,  under  the  contract,  less  than  one  hundred  dollars 
is  needed  to  pay  the  tuition,  and  that  the  State  may  not  in  any 
case  be  called  on  for  more  than  five  hundred  dollars:  Provided 


94  CHILD  LABOR. 

further,  that  the  course  of  study  of  such  school  shall  be  sub- 
mitted to  the  State  Superintendent  of  Public  Instruction  and 
approved  by  him. 

SUM    OF    SEVENTY-FIVE    THOUSAND    DOLLARS    ANNUALLY   APPROPRIATED. 

SEC.  10.  The  sum  of  seventy-five  thousand  dollars,  or  so  much 
thereof  as  may  be  necessary,  is  hereby  annually  appropriated  for 
the  purposes  of  high-school  instruction  and  teacher  training  pro- 
vided for  in  this  act.  The  State  Board  of  Education  shall  have 
the  power  to  fix  such  rules  and  regulations,  in  accordance  with 
the  provisions  of  this  act,  as  may  be  necessary  for  the  proper 
distribution  of  this  fund. 

{Sections  11  to  18,  inclusive,  relate  only  to  the  East  Carolina 
Teachers'  Training  School.} 

SEC.  19.  That  this  act  shall  be  in  force  from  and  after  its  ratifi- 
cation. 

In  the  General  Assembly  read  three  times,  and  ratified  this  the 
8th  day  of  March,  A.  D.  1907. 

1907,  c.  820 ;  1909,  c.  525 ;  1911,  c.  135. 


THE  CHILD-LABOR  LAW. 


The  General  Assembly  of  North  Carolina  do  enact: 

CONDITIONS    FOR    EMPLOYMENT    OF    CHILDREN. 

SECTION  1.  That  no  child  under  twelve  years  of  age  shall  be 
employed  or  worked  in  any  factory  or  manufacturing  establish- 
ment within  this  State:  Provided,  that  after  one  thousand  nine 
hundred  and  seven  no  child  between  the  ages  of  twelve  and  thir- 
teen years  of  age  shall  be  employed  or  work  in  a  factory,  except 
in  apprenticeship  capacity,  and  then  only  after  having  attended 
school  four  months  in  the  preceding  twelve  months. 

SIXTY    HOURS    A    WEEK. 

SEC.  2.  That  not  exceeding  sixty  hours  shall  constitute  a  week's 
work  in  all  factories  and  manufacturing  establishments  in  this 
State.  No  person  under  eighteen  years  of  age  shall  be  required 
to  work  in  such  factories  or  establishments  a  longer  period  than 


CHILD  LABOR.  95 

sixty  hours  in  one  week :  Provided,  that  this  section  shall  not 
apply  to  engineers,  firemen,  machinists,  superintendents,  over- 
seers, section  and  yard  hands,  office  men,  watchmen  or  repairers 
of  breakdowns. 

PENALTY    FOB    FALSE    STATEMENTS    AND    VIOLATION. 

SEC.  3.  All  parents  or  persons  standing  in  the  relation  of  parent, 
upon  hiring  their  children  to  any  factory  or  manufacturing 
establishment,  shall  furnish  such  establishment  a  written  state- 
ment of  the  age  of  such  child  or  children  so  hired,  and  certificate 
as  to  school  attendance;  and  any  parent  or  person  standing  in 
relation  of  parent  to  such  child  or  children  who  shall  in  such 
written  statement  misstate  the  age  of  such  child  or  children 
being  so  employed,  or  their  school  attendance,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  punished  in  the  dis- 
cretion of  the  court. 

Any  mill  owner,  superintendent  or  manufacturing  establishment 
who  shall  knowingly  or  willfully  violate  the  provisions  of  this  act 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
punished  in  the  discretion  of  the  court. 

N<0    NIGHT    WORK    UNDER    FOURTEEN    AFTER    NINETEEN 
HUNDRED  AND   SEVEN. 

SEC.  4.  After  one  thousand  nine  hundred  and  seven  no  boy  or 
girl  under  fourteen  years  old  shall  work  in  a  factory  between  the 
hours  of  eight  P.  M.  and  five  A.  M. 

SEC.  5.  That  this  act  shall  be  in  force  from  and  after  January 
first,  one  thousand  nine  hundred  and  eight. 

1907,  c.  463;  1911,  c.  135. 

[The  amendment  of  the  above  law,  by  the  General  Assembly  of 
1911,  making  sixty  hours  the  limit  of  a  week's  work,  instead  of 
sixty-six  hours,  goes  into  effect  January  ftrst,  one  thousand  nine 
hundred  and  twelve.] 


COMPULSORY-ATTENDANCE  LAW. 


AN  ACT  TO  REQUIRE  ATTENDANCE  UPON  THE  PUBLIC 
SCHOOLS  FOR  SIXTEEN  WEEKS'  IN  EACH  YEAR,  BE- 
TWEEN THE  AGES  OF  EIGHT  AND  FOURTEEN. 

The  General  Assembly  of  North  Carolina  do  enact: 

SCHOOL    DISTEICT    OE    TOWNSHIP    MAY    VOTE   ON    QUESTION. 

SECTION  1.  The  county  board  of  education  of  any  county  may 
in  their  discretion,  upon  a  petition  of  a  majority  of  the  qualified 
voters  of  any  township  or  school  district  in  such  county,  order  and 
hold  an  election,  submitting  to  the  qualified  voters  of  such  town- 
ship or  district  the  question  of  compulsory  attendance.  For 
such  election  the  said  board  shall  designate  the  time  for  hold- 
ing the  same,  shall  appoint  a  registrar  and  two  pollholders  for 
each  voting  place,  and  shall  advertise  the  same  by  posting  notices 
at  the  courthouse  door  and  three  other  public  places  in  the 
district  or  township  thirty  days  before  such  election.  If  the 
election  be  for  a  school  district,  then  the  county  board  of  educa- 
tion shall  also  designate  the  voting  place;  if  for  a  township,  the 
polling  places  shall  be  those  of  the  preceding  general  election.  At 
such  election  those  favoring  compulsory  attendance  shall  vote  a 
ticket  on  which  shall  be  written  or  printed  the  words  "For  Com- 
pulsory Attendance" ;  those  who  are  opposed  shall  vote  a  ticket 
on  which  shall  be  written  or  printed  the  words  "Against  Com- 
pulsory Attendance."  The  result  of  such  election  shall  be  reported 
to  the  county  board  of  education  by  the  judges  of  election,  and 
no  other  report  shall  be  required.  In  all  other  respects,  except 
as  provided  herein,  the  election  shall  be  held  under  the  law  gov- 
erning general  elections,  as  nearly  as  may  be.  The  expense  of 
such  election  shall  be  paid  out  of  the  county  school  fund.  If  it 
appear  that  a  majority  of  the  votes  cast  at  such  election  are  in 
favor  of  compulsory  attendance  the  county  board  of  education 
shall  order  compulsory  attendance  upon  the  school  or  schools  of 
the  township  or  district  named  in  the  petition,  as  provided  for  in 
this  act.  Upon  petition  of  a  majority  of  the  parents  of  the  chil- 
dren of  school  age  in  any  school  district  or  township  of  any  county, 
the  county  board  of  education  of  such  county  may  in  its  discre- 
tion order  compulsory  attendance  upon  the  school  or  schools  named 


COMPULSORY  ATTENDANCE.  97 

in  such  petition,  or  upon  all  the  schools  in  the  township  named,  as 
provided  for  in  this  act.  Whenever  it  shall  appear  from  the  cer- 
tificate of  the  county  superintendent  of  public  instruction  of  any 
county  that  the  enrollment  in  any  school  district  in  said  county 
for  the  preceding  school  year  was  less  than  sixty  per  cent,  or  that 
the  average  daily  attendance  upon  said  school  was  less  than  thirty- 
five  per  cent  of  the  school  census  of  said  district,  the  county  board 
of  education  of  the  county  in  which  such  school  is  located,  with- 
out petition  or  election,  shall  have  the  power  in  its  discretion  to 
order  compulsory  attendance  upon  such  school  under  the  provi- 
sions of  this  act. 

1907,  c.  894;  1909,  c.  525. 

COMPULSORY-ATTENDANCE  AGE,  EIGHT  TO  FOURTEEN  J 
TERM,   SIXTEEN   WEEKS. 

SEC.  2.  Every  parent  or  person  having  control  of  a  child  over 
eight  and  under  fourteen  years  of  age  shall  cause  such  child  to 
attend  the  public  school  in  the  district  where  such  parent  or 
person  resides  for  sixteen  weeks  in  each  school  year,  such  year 
beginning  on  the  first  day  of  July  and  ending  on  the  thirtieth  day 
of  June,  unless  the  parent  or  person  having  control  of  such  child 
shall  show  that  the  child  has  elsewhere  received  during  the  year 
regular  instruction  for  sixteen  weeks  in  the  branches  of  study 
taught  in  the  public  schools.  Children  over  twelve  years  of  age 
shall  not  be  subject  to  the  requirements  of  this  act  while  lawfully 
employed  at  labor  at  home  or  elsewhere. 

PENALTY    FOR    VIOLATION    OF   LAW    AND    EXCEPTIONS. 

SEC.  3.  Any  person  violating  the  provisions  of  the  foregoing 
section  two  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  fined  not  less  than  five  dollars  nor  more  than  twenty-five 
dollars :  Provided,  that  if  the  parent  or  person  having  control 
of  the  child  shall  show  that  the  child  is  destitute  of  clothing  suit- 
able for  attending  school,  and  such  parent  or  person  is  unable  to 
provide  suitable  clothing,  or  that  the  child's  mental  or  physical 
condition  is  such  as  to  render  its  instruction  inexpedient  and  im- 
practical, such  parent  or  person  shall  not  be  convicted  of  a  viola- 
tion hereof. 

SEC.  4.  Every  person  who  shall  regularly  employ  any  child 
under  twelve  years  of  age  or  shall  authorize  or  permit  the  regular 
employment  of  such  child  upon  premises  under  his  control  during 
the  school  hours  while  the  school  that  such  child  should  attend 


98  COMPULSORY  ATTENDANCE. 

is  in  session  shall  be  guilty  of  a  misdemeanor,  unless  the  child  so 
employed  shall  have  attended  school  for  sixteen  weeks  prior  to 
such  employment  and  during  the  current  school  year,  or  unless 
such  child  is  excusable  under  section  three. 

PENALTY   FOB  FALSE   STATEMENTS   AS    TO  AGE   OF  CHILDREN. 

SEC.  5.  The  person  taking  the  school  census  of  any  district  shall 
obtain  the  information  as  to  the  age  of  each  child  in  the  district 
from  the  parent  or  person  having  control  of  such  child,  and  the 
written  reports  sworn  to  by  the  census  taker  shall  be  prima  facie 
evidence  in  any  court  of  the  age  of  each  child  therein  enumerated. 
Every  parent  or  person  having  control  of  a  child  who  shall  make 
any  false  statement  concerning  the  age  of  such  child  with  the 
intent  to  deceive  the  census  taker  or  the  teacher  of  any  school  or 
the  employer  of  such  child  shall  be  guilty  of  a  misdemeanor  and 
fined  not  more  than  fifty  dollars. 

EVIDENCE  OF  NONATTENDANCE. 

SEC.  6.  At  the  end  of  the  term  of  the  public  school  the  teacher 
or  principal  of  such  school  shall  make  a  report  to  the  county 
superintendent  of  schools  of  such  county,  showing  the  names  of 
the  children  between  the  ages  of  eight  and  fourteen  who  attended 
such  school  and  the  number  of  days  each  child  attended.  Such 
statement  shall  be  sworn  to  by  the  teacher  or  principal  and  shall 
be  prima  facie  evidence  in  any  court  both  as  to  the  facts  stated 
therein  and  that  any  child  not  enumerated  therein  did  not  attend 
such  school. 

METHOD   OF  PROSECUTION   FOR    NONATTENDANCE. 

SEC.  7.  It  shall  be  the  duty  of  the  county  superintendent  of 
schools  to  furnish  annually  to  the  constable  of  such  township  in 
his  county  or  to  some  other  lawful  officer  of  the  county  a  list 
of  the  children  who  have  not  attended  school  as  required  by  law, 
and  upon  such  information  it  shall  be  the  duty  of  said  constable  or 
officer,  upon  an  affidavit  of  some  reputable  person  that  any  person 
has  violated  the  provisions  of  this  act,  to  cause  the  offending  per- 
son to  be  prosecuted  before  some  justice  of  the  peace  of  such 
township. 

IN    DISCRETION   OF   COUNTY   BOARD   TO    ENFORCE   LAW. 

SEC.  8.  Whenever  the  county  board  of  education  shall  order 
compulsory  attendance  upon  any  school  or  schools  in  any  school 


COMPULSORY  ATTENDANCE.  99 

district  or  township  after  an  election,  as  provided  in  section  one 
hereof,  the  provisions  of  this  act  shall  be  in  full  force  and  effect 
in  the  territory  described  and  for  the  schools  named,  but  this  act 
shall  not  apply  to  any  school  or  the  penalties  herein  prescribed  be 
enforced  except  upon  the  order  of  the  county  board  of  education, 
as  herein  provided. 

CLEBK   OF   COURT   TO   KEEP  LIST   OF   SCHOOLS. 

SEC.  9.  It  shall  be  the  duty  of  the  county  board  of  education 
of  each  county  to  furnish  to  the  clerk  of  the  Superior  Court  of 
such  county  a  list  of  all  schools  which  have  been  placed  under 
the  operation  of  this  act.  The  said  clerk  shall  keep  a  list  of  the 
same  in  his  office  and  shall  furnish  to  each  justice  of  the  peace 
of  the  county  a  certified  list  of  all  schools  in  the  township  of 
such  justice  of  the  peace  which  are  so  included;  and  the  said 
list  as  kept  by  the  said  clerk,  or  a  certified  statement  made  by 
him,  shall  be  conclusive  evidence  in  any  court  that  the  provisions 
of  this  act  shall  apply  to  the  school  or  schools  therein  named: 
Provided,  that  this  act  shall  not  apply  to  any  territory  now  having 
compulsory  attendance  established  by  law. 

SEC.  10.  That  this  act  shall  be  in  force  from  and  after  its  ratifi- 
cation. 

In  the  General  Assembly  read  three  times,  and  ratified  this  the 
llth  day  of  March,  A.  D.  1907. 

1907,  c.  894 ;  1909.  c.  525. 


DEAF  CHILDREN  MUST  ATTEND  SCHOOL 


AN  ACT   TO   COMPEL   WHITE   DEAF   CHILDREN  TO 
ATTEND  SCHOOL. 

The  General  Assembly  of  North  Carolina  do  enact: 

SECTION  1.  That  every  deaf  child  of  sound  mind  in  North  Caro- 
lina shall  attend  a  school  for  the  deaf  at  least  five  school  terms 
of  nine  months  each,  between  the  ages  of  eight  years  and  fifteen 
years. 


100  COMPULSORY  ATTENDANCE. 

SEC.  2.  That  parents,  guardians  or  custodians  of  a  deaf  child 
or  deaf  children  between  the  ages  of  eight  and  fifteen  years  shall 
send  said  child  or  children,  or  cause  to  be  sent,  to  some  school  for 
the  instruction  of  the  deaf,  at  least  five  terms  or  sessions  of  nine 
months  each,  between  the  ages  of  eight  years  and  fifteen  years. 

SEC.  3.  That  parents,  guardians  or  custodians  of  any  deaf  chil- 
dren between  the  ages  provided  in  section  two  of  this  act  failing 
to  send  said  deaf  child  or  deaf  children  to  some  school  for  instruc- 
tion, as  provided  in  this  act,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  fined  or  imprisoned,  at  the  discretion  of 
the  court,  for  each  year  said  deaf  child  is  kept  out  of  school,  be- 
tween the  ages  herein  provided:  Provided,  that  said  parents, 
guardians  or  custodians  may  elect  two  years  between  said  ages  of 
eight  and  fifteen  years  that  a  deaf  child  or  deaf  children  may  re- 
main out  of  school :  Provided  further,  that  this  section  shall  not 
apply  to  or  be  enforced  against  the  parent,  guardian  or  custodian 
of  any  deaf  child  until  such  time  as  the  superintendent  of  any 
school  for  the  instruction  of  the  deaf,  by  and  with  the  approval 
of  the  executive  committee  of  such  institution,  shall  in  his  and 
their  discretion  serve  written  notice  on  such  parent,  guardian  or 
custodian,  directing  that  such  child  be  sent  to  the  institution 
whereof  they  have  charge. 

SEC.  4.  That  it  shall  be  the  duty  of  the  school  census  taker  to 
report  name,  age  and  sex  of  each  deaf  child  in  his  district,  and 
name  of  parents,  guardians  or  custodians  and  their  post-office  ad- 
dress, to  the  county  superintendent  of  education,  who  shall  send 
said  report  of  names  and  addresses  to  the  Superintendent  of  the 
North  Carolina  School  for  the  Deaf  and  Dumb,  located  at  Mor- 
ganton,  N.  C. ;  that  said  census  taker  or  county  superintendent 
failing  to  make  reports  as  provided  in  this  act  shall  be  fined  five 
dollars  ($5)  for  each  white  deaf  child  not  so  reported. 

SEC.  5.  That  said  fine  as  provided  in  section  three  (3)  of  this 
act  and  said  fine  of  five  dollars  ($5)  provided  in  section  four  (4) 
of  this  act,  when  collected,  shall  be  paid  to  the  public-school  fund 
of  the  county  in  which  such  child  lives. 

SEC.  6.  That  this  act  shall  take  effect  the  first  day  of  September, 
1907. 

1907,  c.  1007. 


SCIENTIFIC  TEMPERANCE  INSTRUCTION. 


AN  ACT  RELATING  TO   SCIENTIFIC  TEMPERANCE 
INSTRUCTION  IN  THE  PUBLIC  SCHOOLS. 

The  General  Assembly  of  North  Carolina  do  enact: 

SECTION  1.  In  addition  to  the  branches  in  which  instruction  is 
now  required  by  law  to  be  given  in  all  schools  supported  wholly  or 
in  part  by  public  money,  instruction  shall  also  be  given  as  to  the 
nature  of  alcoholic  drinks  and  other  narcotics  and  their  effect  upon 
the  human  system,  in  connection  with  the  various  divisions  of 
physiology  and  hygiene,  and  such  subject  shall  be  taught  in  each 
school  year  below  the  second  year  in  the  high  schools,  and  shall  be 
taught  as  thoroughly  as  arithmetic  and  geography  are  taught  in 
said  schools :  Provided,,  that  the  minimum  amount  of  such  instruc- 
tion shall  be  two  lessons  each  week  for  ten  weeks,  or  the  equiva- 
lent of  the  same,  in  schools  employing  one  teacher,  and  three  les- 
sons each  week  for  ten  weeks,  or  the  equivalent  of  the  same,  in 
schools  employing  two  or  more  teachers.  Such  instruction  shall 
be  given  by  the  use  of  text-books  in  the  hands  of  all  pupils  in  all 
grades  from  the  fourth  grade  to  the  first  year  in  the  high  school, 
inclusive,  or  in  corresponding  classes  in  graded  schools,  and 
orally  to  all  pupils  in  the  first  three  or  primary  grades,  by  teach- 
ers using  text-books  adapted  to  such  oral  instruction  as  a  guide 
and  standard;  and  all  pupils  must  pass  such  tests  as  may  be  re- 
quired in  other  studies  before  promoting  to  the  next  succeeding 
year's  work,  and  such  instruction  shall  be  given  as  aforesaid  to 
all  pupils  in  all  public  schools  of  the  State. 

SEC.  2.  The  text-books  used  for  the  instruction  required  to  be 
given  by  the  preceding  section  shall  be  graded  to  the  capacities  of 
the  pupils,  and  for  students  below  high-school  grade  such  text- 
books shall  give  at  least  one-fifth  their  space,  and  for  students  of 
fifth  school  grade  they  shall  give  not  less  than  twenty  pages  to 
the  nature  and  effects  of  alcoholic  drinks  and  other  narcotics ;  but 
no  book  in  which  the  required  amount  of  this  subject  shall  ap- 
pear, in  whole  or  part,  as  a  separate  chapter  at  the  end  of  the 
book  shall  be  considered  as  complying  with  the  requirements 
of  this  statute,  and  no  topical  outline  of  study  for  the  guid- 
ance of  teachers  which  reduces  the  amount  of  temperance  instruc- 


TEMPEBANCE  INSTRUCTION. 

tion  below  that  which  is  required  by  the  text-books  provided  for 
in  this  act  shall  be  considered  as  complying  with  the  intent  of  the 
law.  No  text-book  on  physiology  and  hygiene  not  conforming  to 
this  act  shall  be  used  in  the  public  schools  except  so  long  as  may 
be  necessary  to  fulfill  the  conditions  of  any  legal  adoption  existing 
at  the  time  of  the  passage  of  this  act. 

SEC.  3.  In  all  normal  schools,  teachers'  training  classes,  teach- 
ers' institutes,  teachers'  associations,  summer  schools  and  all  other 
organizations  for  the  equipment  of  teachers,  adequate  time  and 
attention  shall  be  given  to  instruction  in  the  best  methods  of 
teaching  physiology  and  hygiene  with  special  reference  to  the  na- 
ture of  alcoholic  drinks  and  other  narcotics ;  and  no  teacher  shall 
be  licensed  who  has  not  passed  a  satisfactory  examination  in  this 
subject  and  the  best  method  of  teaching  it. 

SEC.  4.  That  it  shall  be  the  duty  of  the  proper  officer  in  control 
of  any  school  or  schools  described  in  the  first  and  third  sections 
of  this  act  to  enforce  the  provisions  of  this  act ;  and  any  such  offi- 
cer, school  director,  committee,  superintendent  or  teacher  who 
shall  refuse  or  neglect  to  comply  with  the  requirements  of  this 
act  or  shall  neglect  or  fail  to  make  proper  provision  for  the  in- 
struction required  and  in  the  manner  specified  by  this  act  for  all 
pupils  in  each  and  every  school  under  his  control  and  supervision 
shall  be  removed  from  office  and  the  vacancy  filled  as  in  other 
cases ;  and  if  it  be  satisfactorily  proved  that  trustees  or  board  of 
education  or  board  of  educational  institutions,  receiving  money 
from  the  State  have  failed  to  enforce  this  act,  as  far  as  they  have 
authority,  it  shall  be  deemed  sufficient  cause  for  withholding  the 
warrant  for  the  State  appropriation  of  school  money  to  which 
such  district  or  educational  institution  would  otherwise  be  en- 
titled. 

SEC.  5.  This  act  shall  be  in  full  force  from  and  after  its  ratifi- 
cation. 

In  the  General  Assembly  read  three  times,  and  ratified  this  the 
llth  day  of  March,  A.  D.  1907. 

1907,  c.  957. 


HEALTH  LAW. 


CONTAGIOUS   DISEASES. 

3440.  BOARD  OF  HEALTH  TO  NOTIFY  SCHOOL  COMMITTEES  OF  CON- 
TAGIOUS  DISEASES.     The   boards   of   health   of   cities  and   towns 
wherever  organized,  and,  where  not,  the  mayors  of  the  same,  and 
in  other  cases  the  county  superintendent  of  health,  shall  give  the 
school  committee  of  the  city  or  town,  the  principals  of  private 
schools,  and  the  superintendent  of  public  instruction  of  the  county, 
when  the  schools  are  in  session,  notice  of  all  cases  of  contagious 
diseases  reported  to  them  according  to  law.    A  failure  to  perform 
this  duty  for  twenty-four  hours  after  the  receipt  of  the  notice 
shall  be  deemed  a  misdemeanor,  and  subject  the  delinquent  upon 
conviction  to  a   fine   of  not  less  than  ten   nor   more  than   fifty 
dollars. 

1893,  c.  214,  s.  12. 

3441.  CHILDREN  EXPOSED  TO  CONTAGIOUS  DISEASES  NOT  TO  ATTEND 
SCHOOLS.     The  school  committees  of  public  schools,  superintend- 
ents of  graded  schools,  and  principals  of  private  schools  shall  not 
allow  any  pupil  to  attend  the  school  under  their  control  while 
any  member  of  the  household  to  which  said  pupil  belongs  is  sick 
of  either  smallpox,  diphtheria,  measles,  scarlet  fever,  yellow  fever, 
typhus  fever,  cholera,  mumps,  whooping-cough,  itch,  or  during  a 
period  of  two  weeks  after  the  death,  recovery,  or  removal  of  such 
sick  person ;  and  any  pupil  coming  from  such  household  shall  be 
required  to  present  to  the  teacher  of  the  school  the  pupil  desires 
to  attend  a  certificate  from  the  attending  physician,  city  health 
officer,  or  county  superintendent  of  health  of  the  facts  necessary 
to  entitle  him  to  admission  in  accordance  with  the  above  regula- 
tions.    A  willful   failure  on  the  part  of  any  school  committee, 
superintendent  of  a  graded  school,  or  principal  of  a  private  school, 
to  perform  the  duty  required  in  this  section,  shall  be  deemed  a 
misdemeanor,  and  upon  conviction  shall  subject  each  and  every 
member  of  the  same  to  a  fine  of  not  less  than  one  nor  more  than 
twenty-five  dollars:    Provided,   that  the  instructions   in   accord- 
ance with  the  provisions  of  this  section  given  to  the  teachers  of 
the  schools  within  twenty-four  hours  after  the  receipt  of  each 


104  CONTAGIOUS  DISEASES. 

and  every  notice  shall  be  deemed  performance  of  duty  on  the 
part  of  the  school  committee.  Any  teacher  of  a  public  school  and 
any  principal  of  a  private  school  failing  to  carry  out  the  require- 
ments of  this  section  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  not  less  than  one  nor  more 
than  twenty-five  dollars. 

1893,  c.  214,  s.  13;   1903,  c.  690. 


INDEX  TO  PUBLIC  SCHOOL  LAW. 


A 

Section 

Abstract  tax  lists  to  be  furnished  county  board 4110 

Accounts  of  State  board 4034 

Action   on   bond  county   treasurer 4153 

Additional  powers  of  county  board 4125 

Admission  of  students  to  farm-life  school,  page   16. 

Age  for  free  tuition 4085 

Agriculture,  elements  of,  to  be  taught 4087 

Aim  of  farm-life  school,  page  8. 

Alcoholic  drinks,   effects  of 4087 

Annual  appropriation  $125,000,   per  capita 4097-98 

Annual  appropriation   $100,000  to  equalize  schools 4099-4106 

Annual  reports  State  Superintendent  to  include  operations  of  loan 

fund 4092 

Application  of  chapter  89 4029 

Apportionment,  basis  of 4117 

Apportionment  county  school  fund 4116 

Apportionment  income  permanent  fund 4094-95 

Apportionment  special-tax  funds 4113-15 

Apportionment  unused  funds 4116 

Appropriation  for  libraries 4179 

Appropriation  for  farm-life  schools,  page  17. 

Arithmetic  to  be  taught 4087 

Attendance,  compulsory   4085 

Attendance  on  institutes 4167 

Attorney-General  member  of  State  board 4030 

Auctioneers'  license  taxes 4107 

Auditor  member  State  board 4030 

B 

Basis  of  apportionment  school  fund 4117 

Biennial  report  State  Superintendent 4089 

Board  of  trustees  farm-life  school 

Bond  of  treasurer  of  school  fund 4152 

Bonds  for  farm-life  school,  page  11. 

Bookcases  for  libraries 4174 

Branches  to  be  taught  in  public  schools 4087 

Building  fund  provided  for 4116 

Building  fund  can  bear  only  half  cost  of  new  house -. 4124 

Buildings  and  equipment  of  farm-life  school,  page  9. 

C 

Canvass  of  vote  in  special-tax  elections 4115 

Census  taken  by  committee 4148 

Certification  of  teachers 4162 

Child  labor,  page  94. 

Cities  and  towns  may  levy  special  tax 4114 

Civil  government  to  be  taught 4087 

Civil  liability  of  sheriff  for  failure  to  settle  school  taxes. 4111 

Closing  school,   nonattendance 4164 

Closing  school,  time  of,  fixed 4123 

Collection  of  school  taxes 4111 

Collection  of  special  taxes 4113-15 

Committee,  apportionment  special-tax  funds 4113-15 

care  of  property 4147 

census  deaf  and  dumb  and  blind  children 4148 

chairman  of   4146 

compensation   of    4145 

contract  with,  private  school 4151 

dismissal  of  teacher 4161 

district  or  township 4145 


106 


INDEX. 


Section 

Committee,  election  of 4145 

employment  of  teachers 4161 

expenditures  by 4149 

illiterates   reported  by . 4148 

notification  of  apportionment    4116 

oath  of    4088 

Committee  not  to  overdraw  account 4150 

records     4149 

removal 4126 

report  value  of  school  property 4148 

secretary  of   4146 

sign  order  for  salary  of  teacher 4164 

special-tax   districts    4115 

term  of  office 4145 

township  high  school 4113 

Composition  to  be  taught 4087 

Compulsory    attendance 4085 

Compulsory  attendance,  page  96. 

Condemnation  of  school  site 4131 

Constitution  North  Carolina  and  United  States  to  be  taught 4087 

Construction  of  school  law 4090 

Contagious  diseases,  page  103. 

Contingent  expenses  State  board 4031 

Contingent  fund 4116 

Contract  for  schoolhouses  in  writing 4124 

Corporate  name  of  farm-life  school,  page  17. 

Cost  of  building,  one-half  from  building  fund 4124 

Criminal  liability  of  sheriff  for  failure  to  settle  taxes 4111 

Corporate  powers    4030 

County  board,  additional  powers  of 4125 

apportionment  of  county  fund 4116 

compensation   of    4134 

contracts   for   schoolhouses 4124 

dismissal  of  teacher 4127 

districts,    special-tax,    formed 4115 

donations  to 4130 

duties  of 4121 

election   of    4119 

election  county  superintendent ." 4135 

equalize  school  term 4116 

estimate  for  four-months  term 4112 

examination  reports  of  superintendent  and  treasurer 4134 

farm-life  schools,  page  8. 

fix  time  opening  schools 4123 

grade  schools   4116 

investigations 4127 

list  fines  reported  to 4108 

loans   to   districts 4055 

may    close   school,    nonattendance 4164 

may  punish  for  contempt 4128 

may  require  reports  of  treasurer 4160 

members  may  be  removed 4126 

members  take  oath  of  office,  when : 4120 

meetings,    number   of 4133 

must  use  approved  plans  of  houses 4124 

notification  to  committeemen  of  apportionment    4116 

oath  of    4088 

obey  instructions  State  Superintendent 4090 

power  to  create  and  abolish  districts 4129 

qualifications  for  membership 4119 

race  discrimination  prohibited 4116 

removal   county   superintendent 4126 

secretary  of    4139 

sale  of  school  property .  .  4130 

shall  fix  salary  of  all  teachers !  .  .  4116 

site  for  school  may  be  condemned 4131 

taxation  for  schools 

term  of  office 4119 

unused  funds   4116 

vacancy    .  ..4119-20 


INDEX.  107 

Section 

County  commissioners  appoint  special-tax  election  officers 4115 

County  commissioners  must  levy  tax  for  four-months  school 4112 

County  commissioners  order  special-tax  district  elections 4115 

County  officers  to  file  list  of  fines,  etc 4108 

County  school  fund,  what 4107 

Course   of    study 4087,  4113 

County  superintendent,  advises  committeemen 4142 

attendance   on   State  association 4141* 

conducts  examinations    4162 

distributes  blank  forms 4142 

election   of    4135 

examinations,  private 4162 

fee  for  private  examination 4162 

holds  teachers'   meetings 4140 

inspection  new  houses 4124 

keeps  an  index  of  deeds 4132 

must  not  teach  school 4138 

must  reside  in  county 4138 

must   visit    schools »  4141 

office  at  county-seat 4139 

qualifications  of 4135 

removal  from  office 4126 

report  deaf  and  dumb  and  blind  chilciivn 4144 

report  to  State  Superintendent 4143 

salary  of 4144 

secretary   county   board 4139 

signs  all  orders  on  treasurer 4154 

term  of  office 4135 

County  treasurer  made  treasurer  of  school  fund 4152 

compensation    4152 

D 

Date  for  repayment  of  loans 4054 

Day,  what  constitutes 4163 

Deaf  and  dumb  and  blind  children  reported 4144 

Deaf  children  must  attend,  page  99. 

Deeds  to  school  property  filed  with  clerk  of  court 4132 

Discrimination  against  any  race  forbidden 4085 

Dismissal  of  teachers 4161 

Distribution   $125,000,    per    capita 4097-98 

Distribution  blank  forms  by  county  superintendent 4142 

Districts,  account  kept  by  treasurer 4157 


bear  one-half  cost  of  building.  .  . 


equal  term  in  township. 

how  formed    

loans  to 


4124 


created  or  abolished  by  county  board 4129 


4116 
4129 
4055 

may  jointly  employ  superintendent 4137 

may  vote  special  tax 4115 

must  have  65  census 4129 

Donations  may  be  accepted  by  county  board 4130 

Drawing  must  be  taught 4087 

Duties  and  powers  of  county  board 4121 

Duties  State  Superintendent 4089-92 

E 

Effects  of  narcotics  taught • 4087 

Election,  county  board 4119 

county  superintendent 4135-36 

farm-life  school   

special-district  tax    4115 

special  tax  in  cities  and  towns 4114 

township   high-school    tax 4113 

Employment  of  teachers,  method 4161 

Enforcement  of  school  law  by  State  Superintendent 4090 

English  grammar  to  be  taught 4087 

Enlargement   libraries    4177 

Enlargement   special-tax    districts 4115 


108  INDEX. 

Section 

Equal  school  term  for  all  schools  of  township 4116 

Estimate  for  four-months  term 4112 

Estrays,  proceeds  of  sale  of 4107 

Examinations,   private    4162 

Examinations,  time  of 4162 

Examinations,    teachers 4162 

Examiners,  State  Board  of 4162 

Exchange,  libraries 4176 

Execution  school  law 4125 

Exemption  certain  schools  from  chapter  89 4029 

Expenditures  by  committee 4149 

Extension  and  demonstration  work,  page  16. 

F 

Failure  county  treasurer  to  make  report  misdemeanor 4160 

Failure  member  of  county  board  to  qualify  creates  vacancy 4120 

Farm-life  school :  Pages 

aim,  .  . 8 

admission  of  students 16 

appropriation  of  State  funds 17 

board  of  trustees 8 

buildings,  etc 9 

bonds  to  be  issued 11 

corporate  name 17 

certification  of  teachers 15 

extension   and   demonstration 16 

election  in  county 10 

election  in  township 11-13 

high  school  in  connection  with 14 

location   9 

treasurer  of    17 

Fee  for  private  examination 4162 

Fines  belong  to  school  fund 4107 

Fines,  list  of,  reported  to  county  board 4108 

First   $125,000    4097-98 

Fiscal  year 4118 

Forfeitures  belong  to  school  fund 4107 

Formation   special-tax   districts 4115 

Forms  to  be  printed  by  State  Superintendent 4089 

Four-months   school    required 4112 

Freeholders,  petition  for  local  tax 4113-15 

Funds,   apportionment  special   tax 4113-15 

repayment  of  loans 4055 

reserve  to  secure  four-months  school 4116 

G 

General  power  county  board  to  execute  school  law 4125 

Geography  to  be  taught 4087 

Government,  elements  of  civil,  taught 4087 

Governor  member  State  board 4030 

Grade  of  school  considered  in  fixing  salary  of  teacher 4116 

Health  law,  page  103. 

High-school   certificate : .  4162 

High-school  law,  page  90. 

High   schools   for  townships 4113 

High-school  subjects  taught  in  what  schools 4113 

History   to   be   taught 4087 

Houses  must  be  built  according  to  approved  plans 4124 

How  township  high-school  tax  may  be  voted 4113 

Hygiene  to  be  taught 4087 

I 

Illiterates   reported  by  committee 4148 

Income  permanent  fund,  how  apportioned 4094 

Index  deeds  to  school  property 4132 


INDEX.  109 

Section 

Indians  of  Robeson  County  have  separate  schools 4085,  4168,  4171 

Inspection  new  schoolhouses 4124 

Installment  on  loans 4054 

Institutes    4167 

Investigations,   county   board 4127 

Investment  fund,   State  board 4035 

L 

Language  lessons  taught 4087 

Liability  sheriff  f9r  school   taxes 4111 

Libraries,  appropriation  for 4179 

bookcases  for   4174 

cities  and  towns  excluded 4178 

enlargement   of    4177 

exchange  of    4176 

how  established  .  .- 4172 

managers  of 4172 

number  established  limited 4178 

rules  for   4175 

State  contribution   4173 

License,   proceeds   auctioneers' 4107 

Lieutenant  Governor  member  of  State  board 4030 

Limitation  on  building  fund 4116 

Liquor  license  tax,  proceeds  of 4107 

List  fines,  penalties,  etc.,  to  be  furnished 4108 

List  taxes,  separate  columns  for  school  taxes 4109 

Literary  fund,  property  of 4033 

Loans,    building    schoolhouses 4053-56 

how  repaid 4054 

how  secured 4055 

school  districts    4056 

Location  of  farm-life  school 

M 

Maximum  salary  teacher  fixed  by  county  board 4116 

Meetings  county  board,  number  of 4133 

Meeting  teachers 4140 

Members  county  board,  oath  of 4088 

Members  State  board,  who 4030 

Minimum  salary  to  holder  State  certificate 4162 

Minimum  salary  to  holder  high-school  certificate 4162 

Month,  what  constitutes 4163 

N 

Negroes  may  not  attend  white  schools 4085 

Nonattendance,   closing  schools  for 4164 

No  race  discrimination    4185,  4116 

Notes  for  school  loans  deposited  with  State  Treasurer 4054 

O 

Oath  of  office  school  officers 4088 

Office  days  county  treasurer 4156 

Officers  school  system  to  obey  instructions 4090 

Officers  school  system  to  obey  instructions  State  Superintendent.  .  .  4090 

Officers  State  board 4031 

Office  State  Superintendent  must  be  at  capital 4089 

Opening  of  schools,  time  fixed 4123 

P 

Payment  apportionment  from  permanent  fund 4095 

Payment  schoolhouse  loans 4054 

Penalties,  list  of,  to  be  filed  with  county  board 4108 

Penalties,  proceeds,  belong  to  school  fund 4107 


110  INDEX. 

Section 

Per  capita  apportionment  to  township 4116 

Permanent  school   fund,   what 4093 

Petition  for  local-tax  election 4113-15 

Physiology  taught 4087 

Place  of  meeting  State  board 4031 

Plans  used  for  building  schoolhouses 4124 

Poll  holders  for  special-tax  election 4115 

Powers  and  duties  county  board 4121 

Power  of  county  board  to  punish  for  contempt 4128 

Powers  of  State  'board 4033 

President  of  State  board 4031 

Private  school,  contract  with 4151 

Private  examinations   4162 

Proceedings  State  board  must  be  kept 4032 

Property  of  literary  fund 4033 

Public-school  law  to  be  printed 4089 

Public-school  studies 4087,  4113 

Public-school  system  uniform 4085 

Pupils  may  be  dismissed 4166 

Pupils,  rules  for  attendance 4122 

Q 

Qualifications  membership  county  board 4119 

Qualifications  office  county  superintendent 4135 

Qualifications  teacher  considered  in  fixing  salary 4116 

Quorum  State  board 4031 

R 

Races  must  have  equal  school  term 4116 

Races,   separate  schools  for 4085 

Rate  special  tax 4113-15 

Reading  to  be  taught 4087 

Recommendations  State  Superintendent 4089 

Register  of  deeds  to  furnish  abstract  of  tax  lists 4110 

Registrar  for  special-tax  elections , 4113-15 

Registration  for  special-tax  elections 4113-15 

Removal  school  officers 4126 

Repayment    loans    4054 

Report  county  superintendent  to  State  Superintendent 4143 

Reports  county  treasurer  and  superintendent  examined 4134 

Report  State  Superintendent  to  Governor 4089 

Report,  teacher's  monthly 4164 

Reserve  fund  to  secure  four-months  school 4116 

Rules,  apportionment  $100,000  to  equalize  schools 4099-4106 

Rules,   establishment  township  high  schools 4113 

Rules,   libraries    4175 

Rules  and  regulations,  school  attendance 4122 

Rural  libraries 4172-79 


Salary  county  superintendent 4144 

Salary  teacher  fixed  by  county  board 4116 

Salary  teacher,  paid,  how.  .  . 4164 

School  age    4085 

School  committee,  election  of 4145 

committee,  oath  of 4088 

committee,  township  high  school 4113 

day,  length  of 4163 

district  must  have  65  census 4129 

districts,  how  formed 4129 

fund,  apportionment 4116 

fund,   permanent    4093 

house   loans    4053 

houses,  buildings  of 4124 

law  to  be  published 4089 

month,    length    of 4163 


INDEX.  Ill 

School  committee  :  Section 

officers  to  obey  instructions 4090 

property,  charge  of  committee 4147 

property  may  be  sold 4130 

separate  for  each   race 4085 

sites,  how  acquired ; 4131 

taxes  in  separate  column 4109 

School  term  must  be  four  months 4112 

term,  equal  in  townships 4116 

term,  races   equal 4116 

township  high    4113 

year   4118 

Schools  exempt  from  provisions  chapter  89 4029 

Second  $100,000 4099-4106 

Secretary  county  board 4139 

Secretary  State  board 4031 

Secretary  of  State  member  State  board 4030 

Security   for   loans 4055 

Separate  schools  for  races 4085 

Sheriff's  liability  for  school  taxes 4111 

Special  permanent  school  fund 4093 

Special  tax,   apportionment 4113-15 

county    4112 

districts 4115 

four-months  school    4112 

towns  and  cities 4114 

township  high  school 4113 

Spelling  taught   4087 

State  appropriation  for  schools : 4097-4106 

State  Association  County  Superintendents 4141 

State  board   4030-35 

corporate  powers 4030 

examiners   4162 

makes   schoolhouse  loans 4053-56 

proceedings  kept    4032 

powers  of   .  „ 4033 

quorum    4031 

State  certificate 4162 

State    Superintendent    .' 4089-92 

biennial  report 4089 

enforcement  school  law  by 4090 

member  State  board 4030 

office  at  capital   4089 

print  school  law 4089 

recommendations 4089 

report  to  include  loan-fund  operations 4092 

State  Superintendent  secretary  State  board 4031 

Studies  required 4087,  4113 

Supplementary  libraries 4177 

T 

Tax  lists,  abstracts  furnished  county  board 4110 

separate  columns  for  school  taxes 4109 

Tax,  special,  for  schools 4112-15 

Teacher,  age  of   4163 

assistant  only,  with  third-grade  certificate 4163 

certificate,  kinds 4162 

character  may  be  investigated 4127 

dismissed  by  committee,  how 4161 

dismissed  by  county  board,  how 4127 

employed,  how   4161 

examination    4162 

high-school  certificate 4162 

institute  attended  by. 4167 

keep  register    4165 

may  dismiss  pupils 4166 

meetings 4140 

monthly   report 4164 

must  not  be  member  county  board 4119 


112  INDEX. 

Teacher :  Section 

no  exemption  from  examination 4163 

qualifications  considered  in  fixing  salary 4116 

record  census  in  school  register .  4148 

report  to  county  superintendent 4165 

rules  and  regulations  for 4122 

salary,  how  paid 4164 

salary  for  holder  of  second-grade  certificate 4163 

salary,  maximum,  fixed  by  county  board 4116 

State  certificate 4162 

suspended,  how   4141 

Temperance  instruction,  page  101. 

Term,  committeeman 4145 

continuous    4163 

county   board    4119 

county  superintendent    4135 

each  race  equal 4116 

equal  in  each  township 4116 

four  months  in  each  district 4112 

Text-book  Commission 4057-84 

Time  opening  and  closing  schools 4123 

Township,  apportionment  to 4116 

Township  high-school   committee 4113 

Treasurer,  all  orders  must  be  signed  by  county  superintendent 4155 

bond 4152 

county  treasurer  made  treasurer  school  fund 4152 

district  account  kept ; 4157 

duties  on  expiration  of  term 4159 

exhibit  books  to  county  board 4160 

failure  to  report 4160 

farm-life   school,    page    17. 

general  account   4154 

literary  fund    4034 

office  days 4156 

report  examined    -, 4134 

report  to  State  Superintendent 4158 

State  board 4031 

State  board  to  render  account * 4034 

U 

Uniform  system  public  schools 4085 

Unused  funds  reapportioned 4116 

V 

Vacancy  county  board,  how  filled 4119 

Vacancy  office  superintendent,  how  filled 4135 

Visiting  schools  required 4141 

W 

Warrants  for  loans  issued  by  Auditor 4053 

Weak  districts  aided  by  county  funds 4116 

Writing  to  be  taught 4087 

Y 

Year,  school  year,  what 4118 


347905 


